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ALLAHABAD HIGH COURT
MONU – Appellant
Versus
State – Respondent
BAIL/54907/2022
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 21/22 - BAIL - APPLICANT ENTITLED TO BAIL - NO INDEPENDENT WITNESS TO RECOVERY - MANDATORY PROVISIONS OF N.D.P.S. ACT NOT COMPLIED WITH - SUBSTANCE WEIGHED ALONG WITH POLYTHENE AND PAPER - NO ACCURATE SCIENTIFIC INSTRUMENTS USED FOR MEASUREMENT - APPLICANT HAS NO CRIMINAL HISTORY - IN JAIL SINCE 27.07.2022
Fact of the Case:
The applicant was arrested for possession of 140 gm of Alprazolam under Section 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant claimed 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 the polythene and paper in which it was kept. The court also noted that no accurate scientific instruments were used for measurement and that the applicant had no criminal history.
Issues: Whether the applicant was entitled to bail.
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 the polythene and paper in which it was kept. The court also noted that no accurate scientific instruments were used for measurement and that the applicant had no criminal history.
Final Decision: The court granted the applicant bail on the condition that he furnish a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54907
of 2022
Applicant :- Monu
Opposite Party :- State of U.P.
Counsel for Applicant :- Nasiruzzaman,Imran,Mohit Kumar
Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Despite time granted to the learned A.G.A. on 02.12.2022, 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. 240 of 2022, under Section 21/22 of N.D.P.S. Act,
Police Station- Raya, District- Mathura during the pendency of
trial.
It is submitted that the applicant has been falsely implicated in
the instant case. False recovery of 140 gm of Alprazolam has
been shown from the possession of 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 27.07.2022. 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- Monu 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 :- 9.1.2023
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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