Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30714 of 2019 Applicant :- Kuldeep Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.,Ashish Pandey
Hon'ble Raj Beer Singh,J.
Heard Sri Shashi Dhar Shukla, learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the opposite party no.2, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in N.C.B. Case No. 7 of 2019, under Section 8/20, 27A, 29/60 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1984, P.S. Kotwali, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case; that the provisions of Section 50 of N.D.P.S. Act, have not been complied with and that there is no public witness of the alleged recovery. It was further submitted that the applicant was apprehended on 11.03.2019 but he was taken to police station on the next day. It has been lastly argued that that the applicant is in judicial custody since 12.03.2019.
Learned counsel for the opposite party no.2 has opposed the prayer for bail and argued that the alleged recovery has been made from tuck and the provisions of Section 50 of NDPS Act are not applicable in case recovery has been made from a vehicle. It was further submitted that total 240.49 kg ganja has been recovered from the truck which was being driven by the applicant. It was submitted that the recovery of alleged contraband is quite more than the commercial quantity.
In the alleged incident total recovery of 240.49 kg ganja has been shown from the applicant which was being driven by the applicant-accused. Considering the submissions of learned counsel for the parties, quantity of recovered contraband as well as all the attending facts and circumstances of the case, without expressing any opinion on merits of the case, at this stage, prima facie, no case for bail has been made out.
Accordingly, the present bail application is rejected. Order Date :- 31.7.2019 A. Tripathi