Allahabad High Court
Noor Ahmad vs Union Of India N.C.B. Thru. Its ... on 19 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:76287
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7806 of 2023
Applicant :- Noor Ahmad
Opposite Party :- Union Of India N.C.B. Thru. Its Directorate Lko.
Counsel for Applicant :- Anil Kumar Tiwari,Alok Kumar,Seva Kant,Utkarsh Kumar
Counsel for Opposite Party :- Akhilesh Kumar Awasthi
Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard learned counsel for the accused-applicant as well as learned Shri A.K. Awasthi, learned counsel for the respondent-N.C.B., and perused the record.
2. This bail application has been moved by the accused/applicant-Noor Ahmad for grant of bail in Case Crime No.037 of 2021, under sections 8(c), 20, 25 and 29 N.D.P.S. Act lodged at Police Station N.C.B., district Lucknow, during trial.
3. Learned counsel for the accused-applicant, while pressing the bail application, submits that it is a case of false implication. The narcotics substance has been recovered from a truck which was not being driven by the applicant and only on the score that name of the applicant has surfaced in confessional statements of co-accused persons the applicant has been arrayed as an accused in the instant case. It is further submitted that the applicant is in jail in this case since 17.09.2021 and the trial has not yet been concluded. The applicant is not having any previous criminal record to his credit.
4. Learned counsel for the respondent-N.C.B., on the other hand, submits that the matter is pertaining to recovery of commercial quantity of narcotics and having regard to the twin conditions, as enshrined under section 37 (1) (b) of the N.D.P.S. Act, the applicant is not entitled to be released on bail. It is also contended that arguments have been heard by the Special Court and judgment/order was to be pronounced yesterday i.e. 18.11.2024, however, the same could not be pronounced and it is expected that the judgment would be pronounced within next 2-3 days.
5. Having heard learned counsels for the parties and having taken into consideration the report submitted by the Presiding Officer of the Special Court of date 08.11.2024, it is evident that the arguments in the case pending before the trial court has already been heard and the judgment was reserved. It is informed by learned counsel for the respondent-N.C.B., which has not been controverted by learned counsel for the applicant, that the case was listed before the trial/special court yesterday i.e. 18.11.2024 for pronouncement of judgment, however, the same could not be pronounced, thus, it is expected that the judgment in this case before the trial/special court may be pronounced within next 2-3 days.
6. In view of stage of the case before the trial/special court and also on the merits and in view of attending facts and circumstances of the case and also keeping an eye on the twin conditions, as enshrined under section 37(1)(b) of the N.D.P.S. Act, I find no good ground on the basis of which the facility of bail may be extended to the applicant.
7. Hence, the instant bail application, moved on behalf of applicant- Noor Ahmad, is hereby rejected. However, if judgment is not pronounced by the trial/special court within 30 days from today, the applicant may renew his prayer for bail directly before this Court.
8. Let a copy of this order be immediately sent to the trial/special Court concerned for compliance.
Order Date :- 19.11.2024
MVS/-
