Allahabad High Court
Sahban vs State Of U.P. on 28 June, 2021
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- BAIL No. - 1325 of 2021 Applicant :- Sahban Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Kumar Upadhyay,Abhishek Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
By means of this application, the applicant, who is involved in Case Crime No. 1005 of 2020, under section 8/21 of the NDPS Act, Police Station Kotwali Nagar, District- Gonda is seeking enlargement on bail during the trial.
According to the FIR, the police team while doing patrolling had got the information from the informer that applicant/accused was having morphine. The applicant was arrested and on searching 150 grams morphine was recovered from the possession of the applicant.
The learned counsel for the applicant has submitted that no compliance of Section 42 (1) (2), 52, 52A, 55 and 57 as well as Section 42 & 51 of the NDPS Act was made which was mandatory in nature. Recovery memo shows that there was no independent witness and the same has been prepared in violation of Section 50 of NDPS Act.
It has further been submitted that the commercial quantity of morphine is 250 grams whereas as alleged in the FIR, only 150 grams of morphine was recovered from the applicant. The applicant has no criminal history and languishing in jail since 24.12.2020.
On contra, learned A.G.A. opposed the prayer for the bail and submitted that the offence as per the FIR is made out against the applicant but could not dispute the aforesaid facts as argued by the learned counsel appearing for the applicant.
After hearing the submissions made by the leaned counsel for both the parties through video conferencing, without entering into the merits of the case, prima-facie, it appears that the recovery of morphine simplicitor by the police personnel only. Recovery is not evidenced by any witness nor before any Gazetted Officer or Magistrate, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant,Sahban, involved in Case Crime No. 1005 of 2020, under section 8/21 of the NDPS Act, Police Station Kotwali Nagar, District- Gonda be released on bail on furnishing personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, cooperate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.6.2021 Ashish