Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1632 - ALLAHABAD HIGH COURTSeeking grant of bail (second bail application) - principles of parity - smuggling of ganja - whether the applicant is entitled to be released on bail only on the ground of parity of bail orders of co-accused which have been passed by the Coordinate Bench without considering the mandatory provisions of Section 37 of the N.D.P.S. Act and without giving reasons? - violation of principles of natural justice - HELD THAT:- Before granting bail for the offence under N.D.P.S. Act, twin conditions as provided under Section 37(1)(b)(i) and (ii) have to be satisfied, which is in addition to Section 439 of Cr.P.C. and mandatory in nature. Having examined the bail orders of co-accused in its entirety, it is found there are substance in the submission of learned A.G.A. that co-accused Sonoo Shukla and Praveen Maurya @ Puneet Maurya have been granted bail by the Coordinate Bench of this Court without taking into account the effect and rigour of Section 37 of the N.D.P.S. Act and ignoring the settled law laid down by the Apex Court regarding application of Section 37 of the N.D.P.S. Act, whereas recovered quantity is undisputedly is commercial quantity. In the conspectus of the facts of the case, Section 50 of the N.D.P.S. Act is also not applicable as the recovery of ‘Ganja’ was from the dicky of vehicles. There are no reason on merit of the case has been recorded for granting bail to them - considering the recovery of huge quantity of Ganja as mentioned above, coupled with the fact that the applicant was apprehended at the spot and was having conscious and constructive possession over the recovered Ganja, there are no reasonable ground in terms of Section 37 of the N.D.P.S. Act to hold that the applicant is not guilty of an offence and he is not likely to commit any offence while on bail. There are no good ground for enlarging the applicant on bail - The second bail application of the applicant is accordingly rejected.
|