The Allahabad High Court recently comprising of a bench of Justice Siddharth granted bail to an accused(Lal Babu), from whom allegedly 21.3 kilogram’s (42 packets) of charas was recovered. (Lal Babu v. - State Of U.P )
He had been imprisoned since February 23, 2021 charged under Sections 8 and 20 of the NDPS Act.
The bench said, "It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds."
Facts of the case
The instant bail application has been filed on behalf of the applicant, Lal Babu, with a prayer to release him on bail in Case Crime, under Sections- 8/20 of N.D.P.S. Act, Police Station- Dargah Shareef, District- Bahraich, during pendency of trial. There is allegation of recovery of 21 Kg 300 gram Charas containing 42 packets from the applicant by the police.
Contention of the case
Counsel for the applicant submitted that Police took 100 gms of Charas only from one packet for sampling which is against the settled rules of the sampling under N.D.P.S. Act. There is no compliance of standing Order dated March 15, 1988.
The counsel further submitted that there is no compliance of Section 50 and 57 of the N.D.P.S. Act. At the stage of consideration of bail, it cannot be decided whether the offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the stage.
The Counsel said that the applicant has a criminal history of six cases explained in the affidavit filed in support of the bail application in which he is on bail in all the cases. He has been in jail since February 23, 2021 and he undertakes that he will not misuse liberty, if granted.
Additional Government Advocate has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence.
Courts Observation & Judgment
Keeping in mind the arguments and facts submitted on behalf of the parties and the Supreme Court's decision in the Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, and Article 21 of the Indian Constitution, the court held that the applicant is eligible for bail.
The Court said, "The severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/state and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail."
Before issuing the release order, the following sureties were to be verified.
1. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
2. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with the law, under Section 174-A of the Indian Penal Code.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 313 Cr.P.C.
If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with the law.
4. The party shall file a computer-generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned court/authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Read Judgment
source ; .latestlaws.com
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