Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13632 of 2019 Applicant :- Ashish Mishra Opposite Party :- Union Of India Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- Narendra Deo Rai
Hon'ble Ramesh Sinha,J.
Sri Narendra Deo Rai, learned counsel appearing on behalf of Central Board of Narcotics has filed counter affidavit today which is taken on record.
Heard Sri Rajiv Chowdhury, learned counsel for the applicant, Sri Narendra Deo Rai, learned counsel appearing on behalf of Central Board of Narcotics and perused the record.
It has been contended by learned counsel for the applicant that the recovery memo of the contraband article i.e. 300 gm of Heroine which is stated to have been recovered from the applicant, was not prepared at the place of occurrence whereas the same was prepared at the office of DRI at Varanasi which itself falsifies the said recovery. The applicant is in jail since 04.12.2018.
Learned counsel appearing on behalf of Central Board of Narcotics vehemently opposed the prayer for bail and submitted that the quantity of the contraband article recovered is much above the commercial quantity which is only 250 gm and it is not a case of false implication.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Ashish Mishra involved in Case Crime No. Nil of 2018 under Section 8/21 N.D.P.S. Act, Police station C.B.N., District Ghazipur.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same preferably within a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 29.5.2019 Madhurima