{"id":260922,"date":"2022-03-15T19:14:53","date_gmt":"2022-03-15T13:44:53","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=260922"},"modified":"2022-03-15T19:32:15","modified_gmt":"2022-03-15T14:02:15","slug":"allahabad-high-court-bail-man-ganja","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/allahabad-high-court-bail-man-ganja\/","title":{"rendered":"Allahabad High Court grants bail to man held with 103 kg ganja"},"content":{"rendered":"\n
The Allahabad High Court <\/a>granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).<\/p>\n\n\n\n A single-judge bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc Bail Application filed by Om Prakash Verma.<\/p>\n\n\n\n The applicant sought bail in Case under Sections 8\/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Utraula, District Balrampur, during the pendency of trial.<\/p>\n\n\n\n According to the prosecution, 103.290 kg of ganja and 38 packets of cigarette rolling paper was recovered from an unnumbered Tata Tiago along with one CMP, .303 bore, one live cartridge of .303 bore from the possession of two co-accused persons, Verma and Ram Prakash Verma. Also Rs 340 in cash was recovered from the applicant and Rs 25,000 cash was recovered from the Ram Prakash Verma and two accused persons are stated to have run away from the scene.<\/p>\n\n\n\n The counsel for the applicant has argued that in all the said contraband was recovered from 19 packets and one polythene amounting to a total 103.290 kg and only one sample has been taken from the said contraband. This is a clear violation of Clause 2.4 of the Standing Order.<\/p>\n\n\n\n The counsel for the applicant has further argued that the said sample has been sent for testing after a delay of 20 days, which is also clear violation of the said Standing Order, as it is provided in it that the contraband should be sent for chemical analysis within a period of 72 hours. The said delay has categorically prejudiced the accused and there is every possibility of interpolation and adulteration in the said sample.<\/p>\n\n\n\n Also Read:<\/strong> Supreme Court stays Govt order against Media One, permits Malayalam channel to continue broadcasting<\/a> <\/p>\n\n\n\n The counsel for the applicant submitted that the general procedure for sampling provided in Standing Order dated 13.06.1989 has not been complied with by the opposite party.<\/p>\n\n\n\n The counsel further submitted that the above clauses of the standing order aforesaid clearly show that the police was required to draw a sample from each packet allegedly recovered with the help of field testing kit. The mixing of the material from all the packets and then drawing of representative samples is not provided in the Standing Order, as if such a course is adopted the sample would cease to be representative sample of the corresponding packet.<\/p>\n\n\n\n In the case, 19 packets and one polythene bag were recovered from the possession of the two accused and the procedure given in clause 2.4 of the Standing Order was strictly required to be followed since there were only 20 packets in all from which the sample was to be drawn. At this point of time, it cannot be ascertained whether all the 19 packets and one polythene bag (total 20 in all) contained the alleged contraband of ganja or not.<\/p>\n\n\n\n The counsel for the applicant said the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is languishing in jail since June 22, 2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.<\/p>\n\n\n\n