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2023 Supreme(Online)(ALL) 14309
ALLAHABAD HIGH COURT
MEGHNATH – Appellant
Versus
State – Respondent
BAIL/57734/2022
The mandatory provisions of the N.D.P.S. Act must be strictly complied with in order to ensure that the accused is not falsely implicated in a case.
Headnote:
BAIL - N.D.P.S. ACT - SECTION 21/22 - BAIL APPLICATION - APPLICANT IMPLICATED IN FALSE CASE - FALSE RECOVERY OF DIAZEPAM - MANDATORY PROVISIONS OF N.D.P.S. ACT NOT COMPLIED WITH - SUBSTANCE WEIGHED ALONG WITH POLYTHENE AND NEWSPAPER - NO ACCURATE SCIENTIFIC INSTRUMENTS USED FOR WEIGHMENT - APPLICANT ENTITLED TO BAIL.
Fact of the Case:
The applicant was arrested and charged under Sections 21/22 of the N.D.P.S. Act for allegedly possessing 560 gm of Diazepam. The applicant claimed that the recovery was false and that the mandatory provisions of the N.D.P.S. Act were not complied with.
Finding of the Court:
The court found that the applicant had been falsely implicated in the case and that the mandatory provisions of the N.D.P.S. Act had not been complied with. The court also noted that the substance had been weighed along with the polythene and newspaper in which it was kept, and that no accurate scientific instruments had been used for weighment.
Issues: Whether the applicant was falsely implicated in the case.
Ratio Decidendi: The court held that the applicant was entitled to bail as the mandatory provisions of the N.D.P.S. Act had not been complied with and the substance had been weighed along with the polythene and newspaper in which it was kept.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57734
of 2022
Applicant :- Meghnath
Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Singh,Nitin Raj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai,
learned AGA for the State-opposite party.
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. 228 of 2022, under Sections 21/22 of N.D.P.S. Act,
Police Station- Mursan, District- Hathras during the pendency
of trial.
It is submitted that the applicant has been falsely implicated in
the instant case. False recovery of 560 gm Diazepam has been
shown from the applicant. There is no independent witness to
the recovery. The mandatory provisions of N.D.P.S. Act have
not been complied with. While weighing the recovered
substance, the police has weighed it along with polythene and
newspaper, in which it was kept. 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 applicant has no criminal history to his credit. The
applicant is in jail since 07.11.2022. In case he is enlarged on
bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
Perused the material on 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- Meghnath involved in aforesaid case be
released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
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
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
