Anurupa Pal
Published On: March 8, 2022 18:50 IST
The Allahabad High Court has held recently while Denying Bail to an Accused Allegedly involved in a Case pertaining to Recovery of 1025 Kg Ganja.
Justice Sekhar Kumar Yadav discarded the Argument that the Arresting Officials did not Comply with the mandatory Provisions of Search and Seizure under the Narcotic Drugs and Psychotropic Substances Act.
In the instant Case, during Patrolling, a huge amount of Ganja weighing 1025 kg was Recovered from a dumper truck which was driven by Co-Accused Vinod Singh and the Applicant was sitting on the truck.
Accordingly, the Applicant and the Co-Accused were Booked under Section 8, 20, and 29 of the Narcotic Drug and Psychotropic Substances Act. The Counsel also submitted that, during Arrest, Mandatory Provisions of Sections 42, 50, 52, 53, 57 of Narcotic Drug Psychotropic and Substances Act were not Complied and hence the Applicant must be enlarged on Bail.
The Court relied on the Supreme Court’s Judgement in Union of India Vs. Md. Nawaz Khan where the court held that Absence of Possession of Contraband by the Accused cannot be the Sole Ground for Grant of Bail.
“It is Evident that the recovery was made at night and due to the Pandemic prevalent at that time and Seclusion No Public Witness could be secured. Apart from this, the Law is well settled that the Evidence of a Public Officer cannot be thrown only on the Grounds that he is a Police Officer.” the Court said.
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