Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15551 of 2018 Applicant :- Nitin Kumar Opposite Party :- Suprintndent (Preventive) Central Bureau Of Narcotics Preventive And Intelligence Cell, Bareilly Counsel for Applicant :- Ashish Mishra,Hemendra Kumar Counsel for Opposite Party :- Narendra Deo Rai
Hon'ble Vivek Kumar Singh,J.
This bail application has been filed by the applicant-Nitin Kumar involved in Case Crime No.3 of 2017 under Section 8/20 & 8/29 NDPS Act, Police Station C.B.Ganj, District, Bareilly.
Heard learned Counsel for the applicant-accused and Sri N.D.Rai, learned Counsel for the opposite party.
Submission of learned Counsel for the applicant is that the applicant is innocent and has falsely been implicated and he has committed no offence. It is next contended that the applicant is a driver and not the owner of the vehicle in question and he has no concern with the recovered charas and in fact nothing was recovered from his possession. It is contended that provision of Sections 42, 50, 52 55 & 57 of NDPS Act has not been complied with. It is also contended that the applicant is languishing in jail since 30.3.2017 having no criminal history.
Sri N.D.Rai, learned Counsel appearing on behalf of opposite party and learned AGA have opposed the bail. It is vehemently argued that applicant and other co-accused persons were detained by the police in Bolero Jeep bearing No. UP-20AW 8457 and 153 Kg charas was recovered from the chamber which was kept on the roof of the vehicle. It is further submitted that there is no reason as to why the applicant would be falsely implicated showing such huge recovery.The bail application of Co-accused Smt. Shahnaz has already been rejected on 19.4.2018 on merits by Hon.Mukhtar Ahmad, J.(Since retired).
Considering the quantity of the recovery of contraband it was incumbent on the applicant to show the reason for false implication, which he failed to do so. In view of the provisions contained in section 55 of the Act, I do not think there is prima facie no illegality in reference to sampling, there is no ground for grant of bail, hence bail application of Nitin Kumar, is rejected.
The trial court is directed to expedite the trial of the present case and conclude the same, preferably within a period of further six months from the date of production of certified copy of the order, if there is no legal impediment without giving any unnecessary adjournment to either of the parties.
Order Date :- 21.1.2019 IA