Allahabad High Court
Sameer Khan @ Ahmad Shamim vs Union Of India And Another on 2 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:107369
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16373 of 2023
Applicant :- Sameer Khan @ Ahmad Shamim
Opposite Party :- Union Of India And Another
Counsel for Applicant :- J.B. Singh
Counsel for Opposite Party :- Dhananjay Awasthi
Hon'ble Mayank Kumar Jain,J.
1. Supplementary affidavit filed by Sri J.B. Singh, learned counsel for the applicant, which is taken on record.
2. Heard Sri J.B. Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
3. The present bail application has been filed on behalf of applicant in Case Crime No. DRI/NRU/G1-26/INT-0/ENQ-71/2021, under sections 8/18C/21C/29 N.D.P.S. Act, Police Station-D.R.I. Regional Unit, District- Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
4. The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. It is submitted that at the time of execution of seizure memo dated 20.09.2021, the applicant was not present at the spot nor anything has been recovered from his possession or pointing out. He was arrested after one week of the alleged incident. The name of the applicant was disclosed by the co-accused namely Jamsid during his confessional statement, which is not admissible in the evidence. No recovery whatsoever has been made from the possession of the applicant. The statement of PW-1-Vikash Kumar Singh and PW-2-Anirudh Singh were recorded but their examination-in-chief was kept deferred by the Court concerned for want of relevant documents. Learned counsel for the applicant lastly submits that applicant is in jail since 29.09.2021 having no criminal history and there is no substantial progress in the trial. In case, applicant is enlarged on bail, he will not misuse the liberty of bail. Learned counsel for the applicant has also placed reliance upon the judgment and order dated 17.10.2022 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 7858 of 2022 (Pavan Kumar Agarwal Vs. State of U.P. and Another).
5. Sri Dhananjaya Awasthi, learned counsel appearing for the department opposed the prayer and submitted that applicant is a Foreign National. The applicant was actively involved with other co-accused persons. In the incident, all the accused were having different roles like storage, transportation and fund transfer etc. As per C.R.C.L. report, Heroin and Morphine were found in the substance recovered from the accused. The applicant is involved in serious drug trafficking and the quantity (30 Kgs. Heroin and 3 Kgs Morphine) was recovered is in the category of commercial in nature. The applicant himself admitted his active involvement in the alleged incident. The provisions of N.D.P.S. Act are violated by the applicant. It is lastly submitted that if the applicant is released on bail, he may be dangerous for the society and there is every possibility that he will do the same again.
6. Considering the facts and circumstances of the case as well as arguments advanced by the parties, this Court is of the view that there is active involvement of the applicant in the alleged incident. The quantity of recovered prohibited substances are commercial in nature and there is violation of N.D.P.S. Act, therefore he is not liable to be released on bail. The bail application of the applicant is rejected.
7. However, the trial court concerned will make an endeavor to decide this case expeditiously, preferably within a period of one year, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment subject to full co-operation by the applicant, in accordance with law.
Order Date :- 2.7.2024
VS
