Allahabad High Court: A Single Judge Bench comprising of Arvind Kumar Mishra, J., addressed a bail application where appellant was alleged under Narcotic Drugs and Psychotropic Substances Act, 1985.
The instant application was filed by the appellant seeking bail in a Special Sessions Trial where appellant was an accused under Section 20(B)(II)(C) of the Act. It was contended by the appellant that Section 50 of the Act was not complied with, which was mandatory. He further submitted that the packet recovered containing alleged contraband was not weighed individually but entire quantity was weighed together. According to appellant, the informant-police officer committed various discrepancies while weighing the confiscated packets. Whereas, AGA argued that the record shows that mandatory requirements were complied with before search was conducted as it was the appellant himself who chose to be searched before police after which the packets were overall weighed on the spot.
The High Court was of the view that in light of the above facts bail cannot be granted to appellant. Therefore, the bail application was rejected. [Doli v. State of U.P., Criminal Appeal No. 3679 of 2018, Order dated 28-08-2018]