Allahabad High Court
Jagveer Singh vs State Of U.P. on 12 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13909 of 2023 Applicant :- Jagveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Bhavesh Singh Jadaun, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.33 of 2023, under Section21/22 NDPS Act, 1985, Police Station Hathras Gate, District Hathras during pendency of the trial.
According to the prosecution case, from the possession of the applicant 800gm. Diazepam powder was recovered.
Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and in fact no contraband was recovered from the possession of the applicant. He next submits that although recovery is said to have been taken at public place but no public witness was taken and although it is mentioned in the recovery memo that option with regard to Section 50 NDPS Act was given to the applicant but in fact no such option was given to the applicant at the time of search. He next submits that there is violation of Section 52-A NDPS Act and the sample of the alleged recovered contraband could not be taken as per the standing instructions of the Central Government.
He next submits that applicant is not having any previous criminal history and he is in jail in the present matter since 6.2.2023.
Per contra, learned AGA opposed the prayer for bail and submitted that from the possession of applicant 800gm Diazepam powder was recovered which is the commercial quantity as it is more than 500gm. and, therefore, considering the provisions of Section 37 NDPS Act, applicant is not entitled to be be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
As per allegation, from the possession of applicant 800gm. diazepam powder was recovered and recovery memo further shows that at the time of recovery mandatory provisions of Section 50 NDPS Act have been duly complied with and the alleged recovered diazepam powder is the commercial quantity as it is more than 500gm.
As per Section 37 NDPS Act if quantity of any contraband involves commercial quantity then accused shall not be released on bail unless:- (a) learned Government Advocate be heard, (b) court is having opinion on the basis of evidence on record that accused is not guilty and, (c) after release on bail, accused will not commit offence again.
In the case at hand, there is no material available on record on the basis of which it can be inferred that applicant may not be guilty and as from the possession of the applicant 800gm Diazepam powder was recovered which is well above the commercial quantity of 500gm., therefore, no inference can also be drawn at this stage that while on bail, applicant will not commit any offence in spite of the fact that applicant is not having any previous criminal history.
Therefore, from the discussions made above, in my view, applicant is not entitled to be released on bail.
Accordingly, the instant bail application is rejected.
Order Date :- 12.4.2023 SKM