DEEPAK VERMA
Rajesh Swaroop @ Anil Patel – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Deepak Verma, J.
Supplementary affidavit, filed today is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.288 of 2022, under Sections 274 , 275, 276, 419, 420 IPC. and Section 102 , 103 TRADE MARKS ACT , 1958 and 18A Drugs and Cosmetics Act, P.S. Nauchandi, District Meerut, during pendency of the trial.
4. It is alleged in the FIR that police informant on 2.9.2022 received information from informer that some accused persons engaged in selling duplicate medicines when informant arrested accused persons they recovered 50 packets J.J. Ultracet medicines B.NON 1939 G MFD 09/21 Expiry 08/23 from co-accused Sachin Sharma @ Gaurav Sharma and recovered 25 packets of J.J. Ultracet medicines B.NO N 1939 MFD 09/21 Expiry 08/23 from the accused-applicant. Learned counsel for the applicant argued that applicant is innocent and he has been falsely implicated in the present case and as per the report dated 10.2.2023 Certificate of Test and Analyst by Government Analyst under Section 25(1) of Drug
The fundamental right to personal liberty under Article 21 of the Constitution of India should override the statutory embargo created under the NDPS Act in cases of prolonged incarceration.
Grant of bail based on the possession of a valid license for purchasing drugs and the precedent of other co-accused persons being enlarged on bail for similar offenses.
The inadmissibility of confessional statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
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