The Allahabad High Court allowed a bail application filed by an accused charged under Sections 8/21 of the NDPS Act. The court granted bail considering the recovery was below the commercial quantity amount of 100 grams and custodial period.
Release of the applicant on bail by executing a personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:31238
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 61 of 2024
Applicant :- Rajendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Santosh Kumar Srivastava,Ashutosh Mishra,Maya Ram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.275 of 2023, under Sections 8/21of the NDPS Act, Police Station Kotwali Tanda, District Ambedkar Nagar.
3. In terms of the FIR, it was alleged that on the basis of a search allegedly carried out, the applicant was apprehended with 80 grams of alprazolam power from the shirt worn by the applicant.
4 . The contention of the Counsel for the applicant is that the mandate of Sections 50 and 52-A of the NDPS Act were not complied with in true letter and spirit. He further argues that the recovery is less than the commercial quantity, which 100 grams in the case of alprazolam powder. The criminal history of the applicant has been duly explained and the applicant is in custody since 24.10.2023.
5 . Learned A.G.A. vehemently opposed the bail prayer.
6 . Considering the fact that the recovery is less than commercial quantity and the applicant is in custody since 24.10.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Rajendra Kumar be released on bail in the aforesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.4.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving recovery of narcotic powder below commercial quantity due to alleged non-compliance with NDPS Act provisions.
2 provisions across 1 enactments
Rajendra Kumar
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
