Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16917 of 2018 Applicant :- Ashiq Ali Opposite Party :- Superintendent (Preventive) Central Bureau Of Narcoticis And Intelligence Cell,Barelly(U.P) Counsel for Applicant :- Amitabh Singh,Anand Tiwari,M J Akhtar Counsel for Opposite Party :- Narendra Deo Rai,Ashish Pandey
Hon'ble Siddharth,J.
Heard Shri V.M. Zaidi, learned Senior Advocate assisted by Shri M.J. Akhtar, learned counsel for the applicant and Shri N.D. Rai, learned counsel for the Central Bureau of Narcotics and Intelligence Cell, Bareilly and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ashiq Ali with a prayer to release him on bail in Case Crime No. 6 of 2017, under Sections 8/15/29 N.D.P.S. Act, 1985 , Police Station Central Narcotics, District- Bareilly, during pendency of trial.
Affidavits have been exchanged between the parties.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that applicant was driver of the truck and carried goods of Umesh Gupta from Ranchi to Bareilly. The owner of the goods, Umesh Gupta, has admitted in his statement before the police that he was the owner of goods recovered and he is involved in illegal business of selling Poppy Straw. The applicant is transporter/driver of the truck in which the alleged Poppy Straw, above commercial quantity, was carried.There is no allegation that applicant was owner of the aforesaid goods.He has been implicated only because he has brought the goods from Ranchi to Bareilly and it was handed over to the owner of the goods, Umesh Gupta, who has been granted bail by this Court vide order dated 2.5.2019 passed in Criminal Misc. Bail Application No. 7541 of 2018. The applicant is languishing in jail since 23.8.2017, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Shri N.D. Rai, learned counsel for the Central Bureau of Narcotics has vehemently opposed the bail application and has submitted that the Poppy Straw recovered from the applicant is much above the commercial quantity and there is bar of section 37 of the N.D.P.S. Act. He has further submitted that the applicant was the person, who was sitting in the vehicle and the person who has been granted bail was receiving the goods from the truck,therefore role of the applicant is different from the role of the co-accused Umesh Gupta.He has submitted that applicant had conscious and constructive possession of the goods.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Ashiq Ali involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.5.2019 Atul kr. sri.