SATYAM PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

(2.) The present bail application has been filed on behalf of the applicant Satyam Pratap Singh with a prayer to release him on bail in Case Crime No. 259 of 2020, under Sections 72 Excise Act and sections 8/20 N.D.P.S. Act, Police Station- Shankargarh, District- Prayagraj during pendency of trial.

(3.) The submission advanced by learned counsel for the applicant is that the alleged quantity of the material, obtained from the possession of the applicant, is 06packets (amounting to 100 kgs.) of the contraband material i.e. Ganja but the sample has not been taken from each packet and hence it could not be said that the amount of contraband material obtained is of such quantity as has been shown by the police. It is also submitted that there is no eye witness of the alleged incident. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 7.8.2020.