Suresh Rawat v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39812 of 2023 Applicant :- Suresh Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Srivastava,Atul Kumar Tripathi,Kumar Vikrant 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 116 Kg of Ganja from the applicant. On the same allegation, the co-accused has been enlarged on bail vide order dated 31.10.2023. The applicant has no criminal history, as such, on the ground of parity and the reasoning as indicated in the bail order dated 31.10.2023 in Criminal Misc. Bail Application No.39577 of 2023 of the accused, the applicant is entitled to be released on bail.

¶3The contention of the Counsel for the applicant is that the alleged recovery is contrary and without following the mandate of Section 50 of the NDPS Act. He argues that non following the mandate of Section 50 renders the entire recovery bad in law. He further argues that the alleged recovery is less than commercial quantity. He argues that although 250 grams specified in the Scheduled of the NDPS Act, in view of the definition contained in Section 2(viia), the quantity above 250 grams will only be considered as commercial quantity. The applicant has explained his criminal history. The applicant has no criminal history under NDPS Act. The applicant is in custody since

05.08.2023.

¶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 05.08.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant - Suresh Rawat be released on bail in Case Crime No.248 of 203, under Sections 8/20 of the NDPS Act, Police Station - Atarra, District - Banda 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 :- 6.11.2023 Irshad High Court of Judicature at Allahabad