Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3906 of 2019 Applicant :- Mukhtar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is violation of certain provisions of the N.D.P.S. Act. Section-18 of N.D.P.S. Act is applicable only in cases of opium, whereas, it is mandatory that the applicant should have been produced before the Magistrate or a Gazetted Officer and search in his presence be carried out. Apart, from that there is specific violation of Sections - 42, 51 and 57 of the N.D.P.S Act. The applicant has no criminal history and is languishing in jail since 25.10.2018.
Once a tip off was received, then it was expected that the relevant provisions of the N.D.P.S. Act would be followed.
Learned AGA has vehemently opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant Mukhtar involved in Case Crime No. 943 of 2018, under Sections - 18/21 of Narcotics Drugs and Psychotropic Substance Act (NDPS Act), Police Station - Tronicacity, District - Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229- A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 S Rawat