Violation of the Standing Order No. 1 of 1989 and the release of a similarly placed co-accused on bail can be grounds for granting bail in NDPS cases.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46194

of 2022

Applicant :- Mehtab Siddiqui

Opposite Party :- State of U.P.

Counsel for Applicant :- Abhas Sharma,Rajesh Kumar Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Abhas Sharma, learned counsel for the applicant and

Sri Suresh Bahadur Singh, learned AGA for the State.

The instant bail application has been filed seeking release of the

applicant on bail in Case Crime No. 471 of 2022, under

Sections 8/20 of The Narcotic Drugs and Psychotropic

Substance Act, 1985, Police Station Teela Mod, District

Ghaziabad during pendency of the trial.

According to the prosecution case, on the information, police

intercepted two cars i.e. Renault Scrola and Maruti Suzuki SX-

4 and applicant was sitting in Renault Car and from the Renault

Car 14 packets (5 Kg. each) i.e. total 70 Kg. Ganja was

recovered. It is further alleged that in the Renault Car along

with applicant two other accused were also present. It is further

alleged that from the Maruti Car total 50 Kg. Ganja in 10

packets (5 Kg. each) was recovered and in the Maruti Car two

persons were sitting.

Learned counsel for the applicant submitted that entire

allegation made against the applicant is totally false and

baseless and he is having no concern with the alleged recovered

Ganja. He further submits that the alleged recovery was made

although from a public place but no independent witness was

taken.

He further submits that at the time of recovery mandatory

provisions of Section 50, 52-A of N.D.P.S. Act have not been

complied with. He further submits that from the perusal of the

recovery memo, it appears that after opening of 14 packets,

which were recovered from Renault Car, in which, applicant

was present, the alleged contraband was mixed and thereafter

500 gram of sample was taken, which was contrary to law as

from all the 14 packets separate sample ought to be taken and it

is clear violation of Standing Order/instructions No. 1 of 1989

dated 13.06.1989 issued by the Government of India under

Section 52-A of N.D.P.S. Act. He placed reliance on the

judgement of this Court in the case of Wali Hassan Vs. State

of U.P. 2022 (7) ADJ 439 and Mohd Asageer Vs. N.C.B. 2022

LawSuit (All) 1468.

Learned counsel further submits that applicant is having no

criminal history and he is in jail since 17.09.2022 and co-

accused Monti, who was also sitting in Maruti Suzuki Car, has

been released on bail by the co-ordinate Bench of this Court

vide order dated 03.01.2023 passed in Criminal Misc. Bail

Application No. 57290 of 2022.

Per contra, learned AGA opposed the prayer for bail and

submitted that along with applicant four accused persons

apprehended in two vehicles and from both the vehicles total

120 Kg Ganja was recovered and in the Renault Car where

applicant was sitting total 70 Kg. Ganja was recovered in 14

packets (5 Kg. each), therefore, from the possession of

applicant more than commercial quantity of Ganja was

recovered. He further submits that at the time of recovery

mandatory provisions of N.D.P.S. Act have been complied with.

Learned AGA further submits that similarly placed co-accused

Monti has been released on bail by the co-ordinate Bench of

this Court but perusal of the bail order dated 03.01.2023 passed

in Criminal Misc. Bail Application No. 57290 of 2022, it

appears that while granting bail to Monty neither any reason has

been assigned nor even provisions of Section 37 N.D.P.S. Act

could be discussed, therefore, applicant cannot be benefited

with bail order of Monty. He further submitted that in view of

stringent provisions of Section 37 of N.D.P.S. Act, the instant

bail application is liable to be dismissed.

I have heard learned counsel for the parties and perused the

record of the case.

From the recovery memo, it appears that applicant and four

other accused persons were i