Allowed
Afzaal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko
Allahabad HCBAIL/9476/2024
What the court decided
AI extract
Outcome
Allowed
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Neutral Citation No. - 2024:AHC-LKO:61200
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9476 of 2024 Applicant :- Afzaal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- S Malik E Ashtar Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.1333 of 2023, under Section 8/21 of NDPS Act, P.S. Kotwali Nagar, District Barabanki.
3. In terms of the FIR, allegedly, on the basis of a search carried out from the applicant, 240 gms of morphine was recovered from the pocket of the applicant.
4. Submission of learned counsel for the applicant is that the recovery is less than the commercial quantity; there are no independent witnesses to the search and the mandate of Section 50 & 52A of NDPS Act have not been followed. The applicant has criminal antecedents of one case in which he is on bail.
5. Learned AGA has opposed the bail application.
6. Considering the recovery to be less than the commercial quantity and there being prima-facie violation of Section 50 & 52A of NDPS Act, the applicant who is in custody since 30.12.2023, is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Afzaal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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 :- 5.9.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to grant bail given prima facie violation of Section 50 and 52A of NDPS Act and recovery being less than commercial quantity.
Whether the applicant is entitled to enlargement on bail considering procedural violations during recovery.
2 provisions across 1 enactments
Afzaal
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
Pankaj Bhatia J.
Nishant Mohan J.
As recorded by the court registry
2 orders share this CNR
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