CRLA/287/2023
2023 Latest Caselaw 2935 UK

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                                     IA No.01 of 2023 (Bail Applications)
                                     In
                                     CRLA No.287 of 2023
                                     With
                                     CRLA No.288 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Pawan Mishra, Advocate, for the appellants.

Mr. V.K. Gemini, D.A.G. for the State.

In these two criminal appeals, the appellants are the convict for the offences under sections 22 (b) of the NDPS Act. According to the prosecution story, the incident which has chanced on 27.11.2012, the appellants were found to be carrying a contraband which were the injections, which was assessed to be 31 injections of Alprazolam, and according to the contents of the same, it was found that the accused were carrying 39.6 gms and 37.8 gms respectively, of the contraband injections, which was much below the commercial quantity as prescribed, therein i.e. 100 grams.

The argument of the learned counsel for the appellants is from the prospective that, apart from the fact that, they are not carrying any criminal history, the fact which doesn't stand denied by the Government Advocate in their objection filed to the bail application. They further contended that the prosecution story itself would be belied for the reason being that in accordance with the proviso contained to sub- section (3) of section 242 of CrPC, out of the total four police personnel, who had apprehended the present applicants, only one of them were examined before the trial court, and hence, he contends that the aforesaid recording of the testimony of only one of the witnesses were against the provisions contained under the proviso to section 242 of CrPC.

Considering the fact that the recovered quantity is less than the commercial quantity; as well as the fact that the appellants are not carrying any criminal history, and that the applicants have never misused the bail as granted to them on 07.12.2012 by the trial court, the appellants are directed to be released on bail, subject to the furnishing of their personal bonds and two sureties of the like amount to the satisfaction of the court concerned.

But their release on bail, would be subject to the condition of depositing of Rs.15,000/- out of the total penalty amount of Rs.25,000/- as imposed upon each of them by the judgment of the conviction under challenge in the appeals.

(Sharad Kumar Sharma, J.) 03.10.2023

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