Allahabad High Court
Atul Verma vs State Of U.P. on 21 September, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183415
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36989 of 2023
Applicant :- Atul Verma
Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Singh,Rajrshi Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Present second bail application has been filed by the applicant Atul Verma with the prayer to enlarge him on bail in case crime no. 0024 of 2023, under Sections 8/18/29/60(3) N.D.P.S. Act, P.S. Aliganj, District Bareilly.
2. Heard Shri Rajrshi Gupta, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
3. It has been submitted by the learned counsel for the applicant that nine kilograms and nine hundred sixty grams 'Opium' is alleged to have been recovered from the joint possession of the applicant and other co-accused persons, 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 is the driver of the Omni vehicle No. UP25CB-4474 in question. Applicant has been languishing in jail since 17.2.2023 and in case he is enlarged on bail, he will not misuse the liberty of bail. It is lastly submitted that the co-accused Kunwarpal @ K.P. and Sufal Hassa have been granted bail by the coordinate Bench of this Court on 25.7.2023 and 13.9.2023 vide Criminal Misc. Bail Application Nos. 19576 of 2023 and 34042 of 2023, respectively.
4. On the other hand, learned A.G.A. vehemently opposed the prayer for bail.
5. In this matter, narcotics substance 'Opium' in the quantity of nine kilograms and nine hundred sixty grams was found from the illegal joint possession of the applicant and co-accused persons, which was kept in a briefcase containing 19 packets of narcotics substance in a polythene in the aforesaid Omni vehicle wherein the present accused and the other accused were sitting. Present applicant is said to be the driver of the said vehicle. When on the information of the informer the police reached the spot, on search being made by the police, the narcotics substance, kept in briefcase in the said vehicle, was recovered. Samples were taken from all the 19 packets. It also appears that the samples were taken in accordance with the rules framed for the said purpose. The narcotics substance retrieved from the possession of the present applicant should be deemed to be in his constructive possession and it falls within the category of commercial category.
6. 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. All the grounds taken in this second bail application have already been considered while disposing of the first bail application which was disposed of by this Court on merits vide order dated 21.6.2023.
7. The second bail application is rejected.
Order Date :- 21.9.2023
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