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ALLAHABAD HIGH COURT
NEHA BAHELIA – Appellant
Versus
State – Respondent
BAIL/54397/2022
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 8/20 - BAIL - APPLICANT - LADY - FALSELY IMPLICATED - NO INDEPENDENT WITNESS TO RECOVERY - MANDATORY PROVISIONS OF N.D.P.S. ACT NOT COMPLIED WITH - NO FSL REPORT - SUBSTANCE RECOVERED WEIGHED ALONG WITH PACKET - NO ACCURATE SCIENTIFIC INSTRUMENTS USED FOR WEIGHMENT - APPLICANT IN JAIL SINCE 26.09.2022 - NO CRIMINAL HISTORY - BAIL GRANTED.
Fact of the Case:
The applicant, a lady, was arrested and charged under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 20.98 kg of Ganja. The applicant claimed that she was falsely implicated, that the recovery of Ganja 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 there was no independent witness to the recovery of Ganja, that the mandatory provisions of the N.D.P.S. Act were not complied with, and that there was no FSL report to establish that the substance recovered was Ganja. The court also noted that the substance was weighed along with the packet in which it was kept, and that no accurate scientific instruments were used for weighment.
Issues: Whether the applicant was falsely implicated.
Ratio Decidendi: The court held that the applicant was entitled to bail as there was no independent witness to the recovery of Ganja, the mandatory provisions of the N.D.P.S. Act were not complied with, and there was no FSL report to establish that the substance recovered was Ganja.
Final Decision: The court granted bail to the applicant on the condition that she would appear on the date fixed by the trial court, would not tamper with the prosecution evidence, and would not pressurize the prosecution witnesses.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54397
of 2022
Applicant :- Neha Bahelia
Opposite Party :- State of U.P.
Counsel for Applicant :- Shailesh Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Roopak
Chaubey, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been
filed with the prayer to enlarge the applicant on bail in Case
Crime No. 99 of 2022, under Sections 8/20 N.D.P.S. Act, Police
Station G.R.P., District Mirzapur during the pendency of the
trial.
It is contended that the applicant is a lady and has been falsely
implicated in the instant case. False recovery of 20.98 kg. Ganja
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. There is no FSL report to
establish that the substance recovered is Ganja. While weighing
the recovered substance, the police has weighed it along with
packet, in which they were 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 is in jail since 26.09.2022 having no criminal
history and in case she is enlarged on bail, she will not misuse
the said liberty.
Learned A.G.A. 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- Neha Bahelia, involved in the aforesaid case,
be released on bail on her furnishing a personal bond and two
sureties each in the like amount to the satisfaction of Court
concerned subject to the conditions that she:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. 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 :- 3.1.2023
SKT/-
Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad
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