Mohd Kasim vs State Of U.P.
2024 Latest Caselaw 15024 ALL

Allahabad High Court

Mohd Kasim vs State Of U.P. on 1 May, 2024

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78168
 
Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14002 of 2023
 

 
Applicant :- Mohd Kasim
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Atul Tej Kulshrestha,Narendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.
 

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

2. In terms of the FIR, allegedly on the basis of a recovery, the applicant was apprehended with 110 gms. of Alprazolam powder from the pocke of the applicant.

3. In the light of the said, counsel for the applicant argues that as the recovery was effected from pocket of the applicant allegedly, mandate of Section 50 NDPS Act has not been followed. He further argues that sample was not drawn in the presence of a Magistrate which is in violation of Section 52-A NDPS Act. He placed reliance on the judgment of Supreme Court passed in the case of Mohd Muslim @ Hussain v. State (NCT of Delhi); 2023 LiveLaw (SC) 260 and Yusuf @ Asif v. State; AIR 2023 SC 5041. He further argues that the applicant is not having criminal history under NDPS Act and in two other cases against the applicant which are minor offence, the applicant is on bail.

4. Learned A.G.A. vehemently opposed the bail prayer.

5. Considering the mandate of Section 37 of NDPS Act as explained in the case of Mohd Muslim (supra) and finding that prima facie, in the present case, mandate of Section 50 and 52-A of the NDPS Act has not been followed and the fact that applicant has no criminal history under the NDPS and in two other cases, applicant is on bail, without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

6. Accordingly, the bail application is allowed.

7. Let the applicant Mohd Kasim be released on bail in FIR/ Case Crime No. 07 of 2023, under Section 8/21 NDPS Act, P.S. Trainika City, District Ghaziabad, on his furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

Order Date :- 1.5.2024

S.A.