Chandan Kumar Gupta vs State Of U.P.
2023 Latest Caselaw 36023 ALL

Allahabad High Court

Chandan Kumar Gupta vs State Of U.P. on 20 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242069
 
Court No. - 73
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15896 of 2023
 

 
Applicant :- Chandan Kumar Gupta
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Kamlesh Kumar Rajbhar,Babu Lal Ram,Shatrunjay Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Nalin Kumar Srivastava,J.
 

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

2. This bail application has been filed by the applicant - Chandan Kumar Gupta involved in case crime no.654 of 2022 under Section 8/20 N.D.P.S. Act, Police Station Kotwali, District Ballia.

3. It has been submitted by the learned counsel for the applicant that 2 Quintal, 65 Kg. 600 Gram Ganja is alleged to have been recovered from the joint possession of the applicant and one other 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 1.12.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail.

4. On the other hand, learned A.G.A. vehemently opposed the prayer for bail and submitted that a huge quantity of contraband has been recovered from the illegal possession of the applicant and co-accused, therefore, the applicant is not entitled for bail.

5. In this matter, as is evident from the record that the applicant has been arrested on spot and 2 Quintal, 65 Kg. 600 Gram Ganja narcotics substance (Ganja) was found from the illegal possession of the accused applicant. 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 used 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.

6. The bail application of the accused-applicant is rejected.

7. However, the learned trial court is directed to expedite the hearing of the trial and to conclude the same expeditiously, if possible, within a period of one year from the date a certified copy of this order is produced before it without granting any unnecessary adjournment to either of the parties.

Order Date :- 20.12.2023

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