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Jagjivan Nishad vs State of U.P.

Allahabad High Court · Decided on 17 November 2000 · Citation: (2000) 11 AHC CK 0082

HON’BLE JUDGES
Krishna Kumar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20, 22, 37
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 16278 of 2000
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Judgment

6 paragraphs · 181 words

Krishna Kumar, J.—Heard learned Counsel for the parties.

2.

There is recovery of 2 kgs. of Ganja.

3.

The only contention raised by the learned A.G.A. is that another case of N.D.P.S. Act is pending against the applicant and therefore, in view of the provisions of Section 37 of N.D.P.S. Act the applicant is not entitled for bail.

4.

Placing reliance upon the judgment of this Court reported in 1997 JIC 697 (All), learned Counsel for the applicant argued that in case of recovery of Ganja the provisions of Section 37 of N.D.P.S. Act are not attracted and bail was granted.

5.

In view of the said case law, I hold that provisions of Section 37, N.D.P.S. Act are not attracted and considering the detention the bail application is allowed.

6.

Let the applicant Jagjivan Nishad involved in Case Crime No. 123 of 2000, under Sections 20/22, N.D.P.S. Act PS. Aydhyogic Kshetra, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. Bail granted.