Court No. - 42
Case :- CRIMINAL APPEAL No. - 3162 of 2018 Appellant :- Omvir Respondent :- State Of U.P.
Counsel for Appellant :- Shilpa Ahuja Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material brought on record.
The grounds urged by the learned counsel for the appellant in support of the bail of appellant is that there is no independent witness to the fact of recovery. Mandatory provisions of Section-50 of N.D.P.S. Act have not been complied with. The appellant was not produced before any authority or judicial magistrate after he was arrested. The recovered quantity is below the commercial quantity say 300 grams opium. The appellant is in jail since 29.5.2018.
Learned A.G.A. has vehemently opposed the prayer for bail on the ground that all the mandatory provisions have been complied with and the facts and circumstances of the case. Therefore, under the facts and circumstances, the sentence awarded is also justified and the same cannot be said to be either excessive or unreasonable.
Considering the rival submissions and also various aspects of the case, I do not find it a fit case for bail.
The prayer for bail is rejected.
In this case lower court record is available.
Let the case be listed for final hearing in the week commencing 8th October, 2018.
Order Date :- 21.8.2018 S Rawat