Fazal Husain v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46339 of 2023 Applicant :- Fazal Husain Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Patel,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2The FIR in question was lodged alleging the recovery of 02 kilograms Dooda from the applicant.

¶3The contention of the Counsel for the applicant is that the recovery is below the commercial quantity. He argues that the alleged recovery is contrary to the mandate of Section 50 of the NDPS Act as the same has not been done in the presence of Gazetted Officer or Magistrate, even there are no independent witnesses. The applicant has no criminal antecedents.

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

¶5Considering the fact that the recovery is less than commercial quantity and prima face, there being non-compliance of Section 50 of the NDPS Act and the applicant is in custody since 14.9.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Fazal Husain be released on bail in FIR/ Case Crime No. 372 of 2023, under Section 8/15 of the NDPS Act, Police Station Qadarchowk, District Budaun on his furnishing personal bonds and two reliable sureties of the like amount each 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 :- 2.11.2023 Faridul High Court of Judicature at Allahabad