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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Mahendra Pratap Singh @ Yatu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0505 of 2024, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, P.S. Raunahi, District Ayodhya.
3. As per allegation in the F.I.R. contraband substance, i.e., 100 gram of Morphine is said to have been recovered from the possession of the applicant by the police.
4. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely planted by the police. Contraband substance, i.e., 100 gram of Morphine, which is said to have been recovered from the possession of the applicant, is below the commercial quantity and there is no public eye witness of the alleged recovery. He submits that there is non-compliance of Section 50 of N.D.P.S. Act and in support of his contention, he has placed reliance upon the Judgment of the Apex Court rendered in the case of Arif Khan @ Agha Khan vs. State of Uttarakhand, (2018) 18 SCC 380 wherein it has been held that
The court emphasized the necessity of compliance with procedural safeguards under the NDPS Act for recovery operations, impacting the bail decision.
Compliance with procedural safeguards under the NDPS Act is essential for bail considerations, particularly in cases involving possession of narcotics.
The mandatory nature of Section 50 of the NDPS Act and the negative attitude towards granting bail in cases of recovery beyond commercial quantity under Section 37 are central legal principles establ....
Procedural non-compliance in evidence collection under the N.D.P.S. Act can vitiate the prosecution's case, warranting bail for the accused.
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
The court granted bail to the petitioner under stringent conditions, emphasizing compliance with NDPS provisions, the significance of the quantity of contraband, and the petitioner's lack of prior cr....
The recovery of contraband below commercial quantity, the grant of bail to a co-accused, filing of charge-sheet, and the expected lengthy trial were key factors influencing the court's decision to gr....
Bail under the NDPS Act is subject to the twin conditions of reasonable grounds for believing the accused is not guilty and not likely to commit an offence while on bail.
The court emphasized the strict compliance with the mandatory provisions of the NDPS Act, the weight of the contraband, and the limitations imposed by Section 37 of the Act in matters of bail.
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