Allahabad High Court
Arvind & 2 Others vs State Of U.P. on 5 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- CRIMINAL APPEAL No. - 1833 of 2016
Appellant :- Arvind & 2 Others
Respondent :- State Of U.P.
Counsel for Appellant :- Mithilesh Kumar Tiwari
Counsel for Respondent :- G.A.
Hon'ble Abhai Kumar, J.
Heard learned counsel for the appellants, learned A.G.A for the State and perused the record.
This criminal appeal has been preferred against the conviction and order dated 01.04.2016 passed by Additional District & Sessions Judge, Court No. 11, Moradabad, in Sessions Trial No. 13 of 2014 - (State Vs. Arvind and others), whereby the appellants alongwith other co-accused persons were convicted for the offences under Section 8/15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and were awarded punishment for 11 years rigorous imprisonment and Rs. 1,00,000/- each and in default of fine two months additional rigorous imprisonment is to be undergone.
The appellants are seeking bail during the pendency of appeal.
It is submitted by learned counsel for the appellants that it is alleged that 126 packets of poppy straw powder were recovered from the possession of accused persons - Arvind, Praveen Kumar and Rampal, but the sample were taken only from two packets and on the basis of weighing only two packets total weight of the recovered material was assessed as 252 k.g. It is also submitted by learned counsel for the appellant that during the search 500 grams of sample were taken from two packets but only 50 gram of the sample were sent to the Forensic Science Laboratory for report therefore it is clear that tempering of the sample was done.
It is also submitted by the learned counsel for the appellant that there is no criminal history of the appellants. It is further submitted that appellants are in jail since 24.11.2013.
Learned A.G.A for the State has filed counter affidavit today, which is taken on record. The prayer for bail has been vehemently opposed by learned A.G.A. and has submitted that 252 kg of poppy straw powder was recovered, which is a huge quantity.
Considering the submissions advanced by learned counsel for the appellant, it is clear that procedural latches were committed during the seizure and enquiry and on the basis of that it was deemed that all the packets were containing psychotropic substance whereas sample from all the packets ought to have been taken, but not taken. It is also clear that samples, which were taken from two packets of each 500 grams were not actually sent rather 50 grams were sent to Forensic Science Laboratory for report. Forensic Science Laboratory report reveals that two packets containing 46.2 and 48.7 grams were received respectively.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicants - Arvind, Praveen Kumar & Rampal involved in Case Crime No. 515 of 2013, under Sections 8/15/18 N.D.P.S. Act & Sections 468, 471, 420 I.P.C, Police Station - Bahjoi, District - Sambhal, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the trial court concerned, subject to the following conditions: -
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Fifty percent of fine shall remain stayed during the trial.
Lower court record has been received. Office is directed to prepare paper-book as per rules.
List thereafter for hearing of appeal.
Order Date :- 05.07.2016.
Vinod.
