Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7227 of 2018 Applicant :- Shanu Khan Opposite Party :- Union Of India Through Ncb Lucknow Counsel for Applicant :- Rajeev Kumar Singh Parmar,Gopeshwar Sahai Bisaria Counsel for Opposite Party :- Sanjay Kumar Singh
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as learned counsel of Union of India and perused the record.
Learned counsel for the applicant made submission that applicant has been falsely implicated in Special Trial No. 01 of 2018 pertaining to Case Crime No. 13 of 2017, Under Sections 8/22/29 N.D.P.S. Act, PS-N. C. B. Lucknow, District-Bareilly. It is further contended that recovery of 1 K.G. Methaqulone contraband shown by the police from the possession of the applicant is false and planted and is not supported by any independent witness. It is next contended that procedure prescribed under Section 50 N.D.P.S. Act has not been followed. It is further submitted that applicant is not involved in selling or purchasing or consuming the contraband Methaqualone powder. It is next submitted that according to recovery memo recovered substance was examined on the spot by D.D. Kit and found to be the methaqualone contraband powder while two sample were prepared and first sample was sent to the CRCL Delhi and according to the CRCL report neither mathaqualone nor any other contraband was found. It is next contended that 2nd sample was sent to CFSL Chandigarh and according to CFSL Chandigarh report mathaqualone was also not found in second sample. It is next contended that according to report of CFSL Chandigarh some other two contraband's were found instead of methaqualone i.e. Alprazolam and acetaminophen. Therefore, the recovery is doubtful. It is lastly contended that applicant is in jail since 27.07.2017 and he has no previous criminal antecedents.
Per contra learned counsel for the Union of India rebutted the above arguments stating that weight of recovered contraband is 1 K.G. Against the commercial quantity of 250 grams. Although on the place of occurrence when the contraband was tested, a prima-facie evidence of contraband 'Methaqualone' was found yet when the same was tested in laboratory it was found Alprazolam and acetaminophen. Referring to the constituents of above said contrabands, it is submitted that there is no distinction between them. Constituents of above said contraband are same. Commercial quantity is also same. Since the bag containing the contraband was recovered from the possession of the applicant, he is not entitled to be released on bail.
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned counsel for the Union of India, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, the prayer for bail is refused.
Accordingly, the application is rejected.
Order Date :- 24.8.2018 AKT