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2023 Supreme(Online)(ALL) 5700
ALLAHABAD HIGH COURT
SHOKEEN – Appellant
Versus
State – Respondent
BAIL/54956/2022
An accused is entitled to bail if there is no independent witness to the alleged recovery, the police have weighed the recovered substance along with the packing material, no accurate scientific instruments were used for weighment, and the mandatory provisions contained in Section 50 of the N.D.P.S. Act have not been complied with.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 18/20 - BAIL - APPLICANT ENTITLED TO BAIL - FALSE IMPLICATION - NO INDEPENDENT WITNESS TO ALLEGED RECOVERY - POLICE WEIGHED RECOVERED SUBSTANCE ALONG WITH PACKING MATERIAL - NO ACCURATE SCIENTIFIC INSTRUMENTS USED FOR WEIGHMENT - MANDATORY PROVISIONS CONTAINED IN SECTION 50 OF N.D.P.S. ACT NOT COMPLIED WITH - APPLICANT IN JAIL SINCE 12.11.2022 - NO MISUSE OF BAIL LIBERTY
Fact of the Case:
The applicant was arrested and charged under Section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 1.50 kg of Charas. The applicant claimed that he was falsely implicated, that the recovery of Charas was false, and that the police had weighed the recovered substance along with the packing material, deliberately showing the quantity of the alleged narcotics substance marginally higher to add to the gravity of the offense.
Finding of the Court:
The court found that the applicant had been in jail since 12.11.2022, that there was no independent witness to the alleged recovery, that the police had weighed the recovered substance along with the packing material, and that no accurate scientific instruments were used for weighment. The court also found that the mandatory provisions contained in Section 50 of the N.D.P.S. Act had not been complied with.
Issues: Whether the applicant was entitled to bail.
Ratio Decidendi: The court held that the applicant was entitled to bail because there was no independent witness to the alleged recovery, the police had weighed the recovered substance along with the packing material, no accurate scientific instruments were used for weighment, and the mandatory provisions contained in Section 50 of the N.D.P.S. Act had not been complied with.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail on the furnishing of a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54956 of 2022
Applicant :- Shokeen
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned Counsel for the applicant and learned A.G.A. for
the State.
The instant bail application, under Section 439 Cr.P.C., has been
filed with a prayer to enlarge the applicant on bail in Case
Crime No. 626 of 2022, under Section 18/20 N.D.P.S. Act,
Police Station- Kairana, District- Shamli during pendency of
the trial.
It is submitted that the applicant has been falsely implicated in
the instant case. False recovery of 1.50 kg. Charas has been
shown from the applicant. There is no independent witness to
the alleged recovery. While weighing the recovered substance,
the police has weighed it along with packing material. The
police has deliberately shown the quantity of the alleged
narcotics substance marginally higher in order to add to the
gravity of the offence. No accurate scientific instruments were
used for weighment. The mandatory provisions contained in
section 50 of N.D.P.S. Act have not been complied with. The
criminal history of the applicant has been explained in para 4 of
the supplementary affidavit. The applicant is in jail since
12.11.2022. In case he is enlarged on bail, he will not misuse
the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without
commenting on merits of the case, I am of the opinion that the
applicant is entitled to be enlarged on bail.
Let the applicant, Shokeen involved in the aforesaid case be
released on bail on his furnishing a personal bond and two
sureties each of the like amount to the satisfaction of court
concerned on the following conditions that:
1. the applicant shall not temper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witness;
3. the applicant shall appear on each and every date fixed by the
trial court.;
In case of breach of any of the above conditions, the
prosecution shall be at liberty to move bail cancellation
application before this Court.
Order Date :- 11.1.2023
S.S.
Digitally signed by :-
SIDDHARTH SRIVASTAVA
High Court of Judicature at Allahabad
