Shahrukh Qureshi vs State Of U.P.
2021 Latest Caselaw 6999 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45802 of 2020
 

 
Applicant :- Shahrukh Qureshi
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sunil Kumar Singh,Anil Kumar Srivastava (Senior Adv.),Prem Narayan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

The Court is convened through video conferencing.

The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.175 of 2020, under Sections 8/22 of the Narcotic and Psychotropic Substances Act-1985 (in short 'the NDPS-1985'), Police Station - Lohamandi, District -Agra.

Shri Sunil Kumar Singh and Shri Prem Narayan Singh counsel for the applicants have not responded to the video link. Learned A.G.A. appears.

In the present case, 600 Kg of Nitrazepam powder is alleged to have been recovered from the possession of the applicant which is more than commercial quantity, therefore, Section 37 of the Narcotic and Psychotropic Substances Act-1985 (in short 'the NDPS Act') are attracted.

I have perused the contents of the application.

There is not a single averment in regard to the pre-conditions mentioned in Section 37 of the NDPS Act which are mandatorily required before granting bail in such cases. The applicant has declared his criminal history of eight cases in paragraph '6' of the application.

Supreme Court as well as this Court in various judgments have emphasised that the Courts, before granting bail for the offences under NDPS Act, specially in the cases where confiscated material is above than commercial value, should satisfy the two pre conditions enumerated in Section 37(1)(b) of NDPS Act, which are:

"(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail."

(See, Union of India vs. Prateek Shukla, AIR 2021 SC 1509; Narcotics Control Bureau vs. Laxman Prasad Soni, Criminal Appeal No. 438-440 of 2021, decided on 19.04.2021; and, order dated 22.06.2021 passed by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 14291 of 2021, Zahid vs. Union of India.

In view of above as there is not a single averment in regard to the aforesaid two pre-conditions and taking note that the applicant has long criminal history, therefore, no case for bail is made out.

The bail application is rejected.

Order Date :- 5.7.2021

Jyotsana