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ALLAHABAD HIGH COURT
MANIK CHANDRA – Appellant
Versus
State – Respondent
BAIL/44679/2022
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8/20 - BAIL APPLICATION - APPLICANT IMPLICATED IN FALSE CASE - NO INDEPENDENT WITNESS TO RECOVERY - MANDATORY PROVISIONS OF ACT NOT COMPLIED WITH - SUBSTANCE WEIGHED ALONG WITH PACKAGING - NO ACCURATE INSTRUMENTS USED - APPLICANT ENTITLED TO BAIL.
Fact of the Case:
The applicant was arrested and charged under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 1120 grams of Charas. The applicant claimed that he was falsely implicated, that the recovery was false, 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 recovery, that the mandatory provisions of the Act were not complied with, and that the substance was weighed along with its packaging, which inflated the weight. The court also noted that no accurate instruments were used for measurement.
Issues: Whether the applicant was falsely implicated in the case.
Ratio Decidendi: The court held that the applicant was entitled to bail because there was no independent witness to the recovery, the mandatory provisions of the Act were not complied with, and the substance was weighed along with its packaging, which inflated the weight.
Final Decision: The court granted the applicant bail on the condition that he appear on the date fixed by the trial court, not tamper with the prosecution evidence, and not pressurize the prosecution witnesses.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44679
of 2022
Applicant :- Manik Chandra
Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhanshu Kumar 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. 724 of 2022, under Sections 8/20 of N.D.P.S. Act,
Police Station- Uttar, District- Firozabad during the pendency
of trial.
It is submitted that the applicant has been falsely implicated in
the instant case. False recovery of 1120 grams Charas 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
paper, 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 measurement. The
applicant has no criminal history to his credit. The applicant is
in jail since 31.08.2022. 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- Manik Chandra 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 :- 6.1.2023
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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