Farman vs State Of U.P.
2022 Latest Caselaw 19977 ALL

Citation : 2022 Latest Caselaw 19977 ALL
Judgement Date : 5 December, 2022

Allahabad High Court

Farman vs State Of U.P. on 5 December, 2022

Bench: Nalin Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46252 of 2022
 
Applicant :- Farman
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Mohammad Belal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Nalin Kumar Srivastava,J.

Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

This bail application has been filed by the applicant Kalu Abbas involved in case crime no.4 of 2020 under Section 8/21 N.D.P.S. Act, Police Station Sikandra, District Agra.

It has been submitted by the learned counsel for the applicant that 70 Kg. Ganja is alleged to have been recovered from the joint possession of the applicant and other two co-accused, whereas in fact, no such recovery has taken place. There is no independent witness of the alleged recovery and arrest of the applicant. The mandatory provisions of N.D.P.S Act have not been complied with in the present case. Applicant has been falsely implicated in this case. He has been languishing in jail since 17.9.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail.

On the other hand, learned A.G.A. vehemently opposed the prayer for bail.

In this matter, as is evident from the record that the applicant has been arrested on spot and 70 Kg. narcotics substance (Ganja) was found from the illegal possession of the accused. In the facts and circumstances of the case, this Court in the light of judgment and order of Hon'ble Supreme Court in Narcotics Control Bureau vs. Mohit Aggarwal, 2022 SCC OnLine SC 891 does not find reasonable grounds, as provided in clause (b) of sub-section (1) of Section 37 of the N.D.P.S. Act, to grant bail to the applicant in the present matter. Also following the dictum given by the Hon'ble Supreme Court in Union of India through Narcotics Control Bureau Versus Md. Nawaz Khan, (2021) 10 Supreme Court Cases 100, I do not find it a fit case for bail, as it is a case of recovery of narcotics substance, which falls in the category of commercial quantity.

The bail application of the accused-applicant is rejected.

Order Date :- 5.12.2022