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ALLAHABAD HIGH COURT
PARVEZ – Appellant
Versus
State – Respondent
BAIL/54148/2022
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8/20 - BAIL APPLICATION - MANDATORY PROVISIONS OF THE ACT NOT COMPLIED WITH - NO INDEPENDENT WITNESS TO THE ALLEGED RECOVERY - NO FSL REPORT PRODUCED - APPLICANT ENTITLED TO BAIL
Fact of the Case:
The applicant was arrested and charged under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 56 kg 32 gm of Ganja. The applicant claimed that he was falsely implicated and that the mandatory provisions of the Act were not complied with.
Finding of the Court:
The court found that there was no independent witness to the alleged recovery of Ganja and that no FSL report was produced to confirm the nature of the substance. The court also noted that the applicant had no criminal history and had been in jail since 28.07.2022.
Issues: Whether the applicant was entitled to bail considering the alleged non-compliance with the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ratio Decidendi: The court held that the applicant was entitled to bail as the prosecution had failed to satisfactorily dispute the applicant's submissions regarding the alleged non-compliance with the mandatory provisions of the Act.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail subject to certain conditions.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54148
of 2022
Applicant :- Parvez
Opposite Party :- State of U.P.
Counsel for Applicant :- Raees Ahamad,Sanjay Kumar
Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Despite time granted no counter affidavit has been filed.
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. 389 of 2022, under Section 8/20 of Narcotic Drugs
and Psychotropic Substances Act, 1985, Police Station- Ghosi,
District- Mau during the pendency of trial.
It is contended that the applicant has been falsely implicated in
the instant case. False recovery of 56 kg 32 gm Ganja has been
shown from the car. There is no independent witness to the
alleged recovery. The mandatory provisions contained under the
N.D.P.S. Act have not been complied with. No FSL report has
been produced which may confirm that the recovered substance
is Ganja. The applicant is in jail since 28.07.2022 having no
criminal history and if he is released 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.
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- Parvez involved in the 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 :- 6.1.2023
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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