Allahabad High Court
Arif Noor @ Hari Mirch vs State Of U.P. on 17 August, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22239 of 2022
Applicant :- Arif Noor @ Hari Mirch
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Atul Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 246 of 2022, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banda, District Shahjahanpur during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report lodged by the Sub Inspector of Police alleging that the police had apprehended four persons and various quantities of Charas were recovered from all of them. Regarding the applicant it is alleged that he was carrying 1 Kg 845 gms of Charas in three polythene packets.
4.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case and he is in jail since 30-03-2022.
5.The learned counsel for the applicant has submitted that a bare perusal of the averments made in the F.I.R. indicates that the police has collected samples 'accused-wise' whereas the Standing Order No.1 of 1989 issued on 13-06-1989 mandatorily requires that samples have to be drawn in duplicate from each of the packet containing a drug or psychotropic substance. He has further placed reliance on a judgment rendered by Co-ordinate Bench of this Court dated 12-10-2020 passed in Criminal Misc. Bail Application No. 21035 of 2022, in which relying upon the decision of the Hon'ble Apex Court in Noor Aga Vs. State of Punjab and Another 2008 (3) JIC 640 (SC), this Court has held that the Standing Order is having legal sanction and its provisions are required to be complied with by the authorities.
6. A supplementary affidavit has been filed in support of the bail application stating that the applicant is involved in two other cases (i) Case Crime No. 181 of 2020, Under Sections 147 and 188 I.P.C., P.S. Puranpur, District Pilibhit in which the State has filed an application under Section 321 Cr.P.C. which has been allowed by means of an order dated 12-03-2022 and the State has been permitted to withdraw the case and the applicant has been exonerated. (ii) Case Crime No. 856 of 2021, under Section 60(1) of Excise Act, P.S. Puranpur, District Pilibhit in which the applicant has been released on bail.
7. The learned counsel for the applicant submitted that there is no independent witness of the alleged recovery and that the provisions of Section 50 of the NDPS Act have not been complied with in the present case.
8.The affidavit contains an undertaking that in case the applicant is released on bail he will not misuse the liberty of bail and he will fully cooperate in the investigation.
9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the matter.
10. Having regards to the aforesaid facts and submissions and keeping in view the fact that even as per the averments made in the F.I.R. only one sample has been taken from the applicant and it is alleged that he was carrying the substances in three packets,; as also having regard to the law laid down by the Hon'ble Apex Court in Noor Aga (Supra) and also the order dated 12-10-2020 passed by the Co-ordinate Bench of this Court, I am prima facie of the view that the submissions made on behalf of the applicant give rise to a reasonable ground for believing that the applicant may not not be held guilty of the alleged offence. Further, there is no reason to believe that the applicant is likely to commit any offence, if he is released on bail.
11.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
12.Let the applicant - Arif Noor @ Hari Mirch be released on bail in Case Crime No. 246 of 2022, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banda, District Shahjahanpur 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.
13.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 :- 17.8.2022
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