Bhuleshwar Nath Alias Ashok Shukla v. The Zonal Director Narcotics Control Bureau, Lucknom

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44701 of 2023 Applicant :- Bhuleshwar Nath Alias Ashok Shukla Opposite Party :- The Zonal Director Narcotics Control Bureau, Lucknom Counsel for Applicant :- Ajay Pandey,Pawan Kumar Mishra Counsel for Opposite Party :- Ashish Pandey Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, Sri Vipul Pandey, Advocate holding brief of Sri Ashish Pandey, learned counsel for the Opposite Party-NCB as well as learned A.G.A. and perused the record.

¶2The recovery in question was done against two persons, and 1300 gms. Mephedrone and products of Clandestine Lab was also discovered. Subsequently, solely based upon the statement of the co-accused recorded under Section 67 of the N.D.P.S. Act, the applicant was implicated with the offence in question.

¶3The State had filed counter affidavit in the court below which is on record at page 44 to the bail application to state that the applicant was implicated based upon the statement under Section 67 of the N.D.P.S. Act.

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

¶5Considering the fact that in view of the law laid down in the case of Tofan Singh v State of Tamilnadu (2021) 4 SCC 1, the mere statement under Section 67 of the N.D.P.S. Act not corroborated with any other material is not admissible, the applicant who has no criminal history and in custody since

18.8.2023 is enlarged on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Bhuleshwar Nath Alias Ashok Shukla be released on bail in FIR/ Case Crime No. 17 of 2023, under Section 8/22/29 of the N.D.P.S. Act, P.S. N.C.B., District Lucknow, 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 :- 7.11.2023 S.A. High Court of Judicature at Allahabad