Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20244 of 2019 Applicant :- Mobin Opposite Party :- Union Of India Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- Ashish Pandey Hon'ble Pritinker Diwaker,J.
Heard Sri Satish Sharma learned counsel for the applicant, Sri P.S Jadon, learned A.G.A. for the State and Sri Ashish Pandey for the complainant.
Applicant has moved the present bail application seeking bail in Case Crime No. 16 of 2018, under Section 8/20/27A/29 of NDPS Act, P.S. Handia, District Allahabad.
As per prosecution case, on 20.07.2018, 875 Kg. of Ganja was found in possession of the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The mandatory provisions of NDPS Act have not been complied with. He further submits that the applicant does not have criminal history. He is in jail since 21.07.2018 and the trial is likely to take some time, therefore, the applicant be released on bail.
Opposing the bail application, it has been argued by the counsel for the complainant that the mandatory provisions of the NDPS Act have been complied with by the prosecution and considering the quantity of Ganja seized from the possession of the applicant, he is not entitled for bail.
Considering the nature of evidence available on record and the quantity of Ganja seized from the possession of the applicant, I am not inclined to release the applicant on bail.
The bail application is accordingly rejected.
Order Date :- 22.8.2019 SK