LUCKNOW: In a recent order, the Lucknow bench of Allahabad high court has granted bail to an accused who was arrested for possessing 350kg ganja illegally.
The accused has been in jail since January 18, 2019. The order came from a bench of Justice Siddharth on the bail plea of one Kaleem.
The Narcotics Control Bureau (NCB) had arrested the accused with heavy contraband in possession and hence booked him under NDPS Act. An FIR had been lodged in this connection with the NCB police station in January 2019 in Ayodhya district.
Filing the bail plea before the HC, the accused had pleaded that the recovery was planted due to ulterior motives and as such he was innocent. It was also submitted that there was no independent witness to the recovery of ganja.
“There was no compliance of the provisions of section 50 of NDPS Act asking the accused if he wanted his search from a magistrate,” added the accused. He also abided by the bench if he was released on bail, he would not misuse the liberty of bail.
Opposing the bail plea, NCB counsel contended that there was no occasion to plant such heavy contraband ganja with the accused. It was also said that the innocence cannot be adjudged at the pre-trial stage of the case. “If the accused is released on bail, he would involve in similar activity,” added the NCB.
Allowing the bail plea, the bench observed, “Considering the plea of bail in view of a Supreme Court ruling, larger mandate of Article 21 of the Constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail."
