Allahabad High Court
Bhupendra Singh Sandhu vs State Of U.P. on 8 June, 2021
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9242 of 2021
Applicant :- Bhupendra Singh Sandhu
Opposite Party :- State of U.P.
Counsel for Applicant :- S.M.Faraz I. Kazmi
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
The Court has convened through Video Conferencing.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This application has been filed seeking the release of the applicant on bail in Case Crime No.73 of 2020, under Section 8/22 of N.D.P.S. Act, Police Station G.R.P., District Saharanur.
This Court vide order dated 7.4.2021 has passed the following order:-
"The main substratum of argument of learned counsel for the applicant is that since personal search of the applicant was taken by the police, therefore, they are duty bound to comply the mandatory provisions of Section 50 of the N.D.P.S. Act in true sense and spirit of law. Learned counsel for the applicant in support of his submission placed reliance upon the judgment of Hon'ble Apex Court in the case of State of Rajasthan Vs. Parmanand, (2014) 5 SCC 345. The next submission of learned counsel for the applicant is that it is well settled that the communication in terms of Section 50 of the N.D.P.S. Act must be in clear terms and separate to the each accused, but in this case no separate option in terms of Section 50 of the N.D.P.S. Act has been given by the prosecution, which is not sustainable and vitiate entire proceeding.
On the aforesaid submission, learned A.G.A. prays for and is allowed a week's time to prepare the case.
Put up this case as fresh on 15.04.2021."
Today when the case is taken up, learned A.G.A. could not justify the Provision of Section 50 of the N.D.P.S. Act, nor was able to counter anything against the argument raised by learned counsel for the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case by the prosecution on the basis of false and planted recovery with ulterior motive. He further submits that the recovery which is alleged to have been made from possession of the applicant is not supported by any independent eye witness, though the alleged place of arrest is Railway platform. He next argued that the recovery of illicit article, i.e., 30 bottles (10 ml. each) of Avil alongwith 30 ampules (2 (ml. each) of Leegesic which is claimed to have been made from possession of the applicant, is without complying the Provision of Section 50 of N.D.P.S. Act by a Gazetted Officer cannot form foundation of conviction of the applicant. Therefore, in case of non-compliance of mandatory Provision of Section 50 of N.D.P.S. Act, the applicant is entitled for bail within the meaning of Section 37 of N.D.P.S. Act. The applicant is in jail since 24.12.2020. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. Malice behind the prosecution has also been pleaded during the course of the arguments placed on behalf of the accused.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Bhuendra Singh Sandhu involved in Case Crime No.73 of 2020, u/s 8/22 of N.D.P.S. Act, Police Station G.R.P., District Saharanpur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions:-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) 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 may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.6.2021
NS
