KALEEM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for applicant Shri Akhilesh Kumar Awasthi, learned counsel for the N.C.B. and perused the record.

(2.) This bail application has been preferred by the accused-applicant, Kaleem, who is involved in Case Crime No.03 of 2019 (Special Session Trial No. 119 of 2019) under Sec. 8/20/29/60(3) N.D.P.S. Act, Police Station- N.C.B. Lucknow, District- Faizabad.

(3.) Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 349.250 Kg. Ganja and there is no public witness of the alleged recovery. Learned counsel for the applicant has further submitted that mandatory provision of Sec. 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Sec. 50 the accused is entitled to be released on bail within the meaning of Sec. 37 of N.D.P.S. Act. The applicant has no criminal history to his credit. It is also submitted that the applicant is in jail since 18/1/2019 and he undertakes that he will not misuse liberty, if granted. Learned counsel for N.C.B,, Shri Akhilesh Kumar Awasthi has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. The "reasonable grounds" mentioned in Sec. 37(1) (b)(ii) of NDPS Act mean something more than prima facie ground. It implies substantial probable causes for believing that accused is not guilty of the offence charged and points to existence of such facts and circumstances which are sufficient to hold that accused is not guilty.