Allahabad High Court
Dileep Gupta @ Dilip Kumar Gupta vs State Of U.P. And Another on 4 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28870 of 2022 Applicant :- Dileep Gupta @ Dilip Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tripurari Sharan Shukla Counsel for Opposite Party :- G.A.,Ashish Pandey Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Tripurari Sharan Shukla, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in N.C.B. Case No. 06 of 2022, under Sections 8, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mohana, District Siddharth Nagar.
3.The recovery memo mentions a recovery of 150 tablets of Alprazolam and 220 tablets of Clonazepam from Aman Medical Store, of which the applicant is the proprietor.
4.In the affidavit filed in support of the bail application, it has been stated that the applicant runs a medical store in the name of Aman Medical Store, for which he has been issued a license from Food Safety and Drug Administration, Uttar Pradesh, copies of the license issued in favour of the Aman medical Store indicate that it has been issued licenses in Form-20 and Form-21 on 19.10.2019 and the validity of the licenses is up to 21.10.2023.
5.It has further been stated in the affidavit that the applicant has no criminal history. The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty.
6.The applicant has submitted that the mandatory provisions of Narcotic Drugs and Psychotropic Substances Act have not been followed during the search and seizure of the applicant's shop.
7.The applicant is languishing in jail since 25.04.2022.
8.Per contra, Sri Ashish Pandey, the learned counsel for the Narcotic Control Bureau has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
9.Having heard the learned counsel for the respective parties, I am of the view that since the recovery has been made of certain medicines from a medical store of the applicant, license of which has been issued by the Food Safety and Drug Administration, Uttar Pradesh on 19.10.2019 and the license mentioned the validity period up to 21.10.2023 as also the fact that the medicines recovered are in quantities below the minimum prescribed commercial quantity for the same, there are reasonable grounds to believe that the applicant may not be held guilty of the offence. As the applicant is having his own medical store and he has no criminal history, there are no reasons to believe that in case he is released on bail, he will again commit any offence.
10.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
11.Let the applicant - Dileep Gupta @ Dilip Kumar Gupta be released on bail in N.C.B. Registered Departmental Case No. 06 of 2022, under Sections 8, 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mohana, District Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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 to any police officer or tamper with the evidence.
12.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 4.8.2022/Ashish Pd.