The Allahabad High Court has granted bail to Pramod Dixit of Agra accused of smuggling 24 Kg ganja.
A Single Bench of Justice Vivek Varma passed this order while hearing a Criminal Misc Bail Application filed by Pramod Dixit.
The bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case under Section 8/20/37/60 N.D.P.S Act, Police Station-Sikandra, District Agra, during the pendency of trial.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case. False recovery of 24 Kg ganja (six bundles) have been shown from a motorcycle. There is no independent witness to the alleged recovery. There is nothing on record to demonstrate ‘conscious possession’ of the applicant. The alleged packets of ganja were weighed along with the packing material. No accurate scientific instruments were used for weighment. The mandatory provisions of Sections 50 and 51 of N.D.P.S Act have not been complied with. There is no FSL report to establish that the substance recovered is ganja. The applicant is in jail since 29.01.2023 having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.
AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
“Having heard counsel for the parties and having perused the record, I am of the prima facie view that the mandate of Chapter V of the NDPS Act has not been followed. There is no independent witness to the recovery. The sampling has not been done in the presence of a Magistrate which is required under Section 52A of the NDPS Act.
Further, the applicant has no criminal antecedents and has remained confined confined for more than eight months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail”, the Court observed.
The Court ordered that,
Let the applicant Pramod Dixit involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:-
(i) Shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.
The post Allahabad High Court grants bail to man accused of smuggling 24 kg Ganja appeared first on India Legal.