{"id":245839,"date":"2022-01-10T18:21:36","date_gmt":"2022-01-10T12:51:36","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=245839"},"modified":"2022-01-10T19:19:08","modified_gmt":"2022-01-10T13:49:08","slug":"allahabad-hc-grants-bail-to-man-arrested-with-526-kg-ganja-orders-his-release","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/allahabad-hc-grants-bail-to-man-arrested-with-526-kg-ganja-orders-his-release\/","title":{"rendered":"Allahabad HC grants bail to man arrested with 526 kg ganja, orders his release"},"content":{"rendered":"\n
The Allahabad High Court<\/a> has granted conditional bail to a man arrested with 526 kg ganja and ordered his release.<\/p>\n\n\n\n A single-judge bench of Justice Saurabh Lavania passed this order while hearing a Criminal Misc Bail Application filed by Omprakash Jhaba.<\/p>\n\n\n\n The counsel for the applicant has stated that as per the story of the prosecution, 26 bags of ganja were recovered from the vehicle and being the driver of the vehicle, the applicant has been implicated in the case. The total quantity of the ganja recovered from the possession of the applicant comes to 526.2 kg.<\/p>\n\n\n\n He further stated that the bags which were recovered, as stated by the prosecution, were numbered as 1 to 26. From bag number 1 to 25, neither was any sample taken nor was it sent to the Forensic Scientific Laboratory for chemical analysis. From bag number 26, 15.3 kg ganja was recovered. The same was in small packets.<\/p>\n\n\n\n As per the prosecution story, only 500 grams was sent to the laboratory for analysis, to prove the case of the prosecution that the concerned bags contain ganja.<\/p>\n\n\n\n He also stated that as per the settled view, the ganja which has been recovered, as stated by the prosecution, from bag number 1 to 25 and remaining quantity of bag number 26 cannot be taken note of by the prosecution in absence of any scientific report in this regard.<\/p>\n\n\n\n Also Read: <\/strong>Elderly destitutes: Bombay HC issues notice on PIL to state, Centre govts<\/a><\/a><\/p>\n\n\n\n The counsel for the applicant said that as per the Circular issued by the Ministry of Finance, Government of India, as also the relevant law on the issue, if the large quantity is recovered by the prosecution, then the sample for the forensic analysis has to be sent from all the bags concerned which were recovered.<\/p>\n\n\n\n In this case, as only from bag number 26, only 500 grams ganja as sample was sent for analysis as such only this quantity from bag number 26 can be taken note if report comes otherwise\/against the applicant. This quantity is much below the commercial quantity provided under the Act of 1985.<\/p>\n\n\n\n The counsel for the applicant further said that there is no independent witness to support the story of the prosecution.<\/p>\n\n\n\n \u201cIn fact, this case is based upon the statement of the accused which could not be taken note of by the prosecution as observed in the case of Tofan Singh vs. The State of Tamil Nadu reported in (2021) 4 SCC 1. On the submission based upon the fact that only 500 grams ganja was sent for the chemical analysis and in this view of the matter, the ganja alleged to have been recovered from bag number 1 to 25 and remaining quantity of ganja of bag number 26 cannot be taken note of by the prosecution,\u201d <\/span><\/p><\/blockquote>\n\n\n\n -the Court noted.<\/p>\n\n\n\n Based upon the aforesaid judgments, the counsel for the applicant reiterated that in the case, only 500 grams from bag number 26 can be taken note of and as such, the applicant is entitled to be released on bail.<\/p>\n\n\n\n