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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sameer Jain,J.
Santosh Jaiswal Alias Setti – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sameer Jain, J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard Sri Prateek Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 231 of 2024, under Sections 8/21 N.D.P.S. Act, Police Station Vindhyachal, District Mirzapur during pendency of the trial.
4. As per prosecution from the possession of applicant 72 gram Heroin was recovered.
5. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and actually nothing incriminating was recovered from his possession.
6. He further submits, even as per prosecution, 72 gram Heroin was recovered which is not the commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act are not applicable in the present matter.
7. He further submits, however, apart from the present case applicant is having criminal history of five other cases and out of five cases he is having criminal history of three cases of N.D.P.S. Act but in all the three cases he has been released on b
The court held that the provisions of Section 37 of the N.D.P.S. Act do not apply as the recovered quantity of Heroin is not commercial, allowing bail based on the applicant's history and lack of sub....
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 absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
Compliance with procedural safeguards under the NDPS Act is essential for bail considerations, particularly in cases involving possession of narcotics.
The limitations prescribed for the grant of bail under Section 37 NDPS Act require substantially probable causes for believing that the accused is not guilty of the alleged offence.
The court ruled that the rigours of Section 37 of the NDPS Act do not apply to the petitioner as the quantity of heroin is intermediate, allowing for bail under reasonable conditions.
It is also well settled that a proper administration of the criminal justice delivery system, requires balancing the rights of the accused and the prosecution.
Search and seizure - Grant of Bail - Section 43D (5) of UAPA merely provides possible ground for competent Court to refuse bail, in addition to the well settled considerations like gravity of offence....
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