In cases involving possession of small amounts of drugs exceeding the commercial quantity, bail may be granted if the accused has no prior criminal history under the N.D.P.S. Act and has been in jail for a significant period.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49873

of 2022

Applicant :- Saleem

Opposite Party :- State of U.P.

Counsel for Applicant :- Akash Tyagi,Neha Tyagi

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1.Heard Sri Umesh Singh, holding brief of Sri Akash Tyagi,

learned counsel for the applicant and Dr. S.B.Maurya, learned

AGA-I, for the State.

2.The instant application has been moved on behalf of the

applicant to release him on bail in Case Crime No. 544 of

2022, under Section 8/22 of N.D.P.S. Act, Police Station Vijay

Nagar, District Ghaziabad during pendency of the trial in the

court concerned.

3. As per the allegation total 110 grams alprazolam powder was

recovered from the possession of the applicant.

4. Learned counsel for the applicant submits that, applicant is

innocent and, in-fact, nothing has been recovered from his

possession and he has falsely been implicated in the present

matter by the police. Learned counsel for the applicant further

submits that the commercial quantity of the alprazolam powder

is 100 grams and as per the allegation, total 110 grams of

alprazolam powder was recovered from the possession of the

applicant which marginally exceeds from the commercial

quantity. He next submitted that applicant is having no criminal

history of N.D.P.S. Act, although earlier also he was implicated

in three other criminal cases in which two cases were of Cow

Slaughter Act and one case pertains to the provisions of

Gangsters Act, and in these cases applicant has already been

released on bail. He next submitted that, in the present matter,

applicant is in jail since 13.05.2022.

5. Per contra learned A.G.A., although opposed the prayer of

bail but could not dispute the fact that the commercial quantity

of the alprazolam powder is 100 grams and from the possession

of the applicant, 110 grams alprazolam powder was recovered

which is slightly more than commercial quantity and further

applicant is not having any criminal history of the N.D.P.S. Act

and he is in jail since May, 2022.

6. I have heard learned counsel for the parties and perused the

record of the case.

7. Although as per the allegation, total 110 grams of alprazolam

powder was recovered from the possession of the applicant and

commercial quantity of alprazolam powder is 100 grams but

considering the fact that from commercial quantity only 10

grams more was recovered from the possession of the applicant

and he is not having any criminal history of the N.D.P.S Act and

in the present matter he is in jail since May, 2022, therefore, in

my view applicant is entitled to be released on bail.

8.In the light of discussions made above, without expressing

any opinion on the merits of the case, the instant bail

application is allowed.

9. Let the applicant- Saleem be released on bail in the aforesaid

case on furnishing a personal bond and two sureties each in the

like amount to the satisfaction of the court concerned with the

following conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such

facts to the Court or any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social activity.

10. In case of breach of any of the above condition, the

prosecution will be at liberty to move an application before this

Court for cancellation of the bail of the applicant.

Order Date :- 3.1.2023

A. Mandhani

Digitally signed by :-

ABHISHEK MANDHANI

High Court of Judicature at Allahabad