Over 2 lakh Indian cases. Search powered by Google!

Case Details

RAHUL SINGHAL versus STATE OF U.P.

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Rahul Singhal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 7441 of 2005 [2005] RD-AH 6428 (25 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Criminal Misc Bail Application No. 7441 of 2005

Rahul Singhal...Vs....State of U.P.

Hon'ble Ravindra Singh, J.

Heard Shri Brijesh Sahai, Sri R.C. Pandey and Sri Jagdish Singh  Sengar learned counsel for the applicant and learned A.G.A.  

This application is filed by the applicant Rahul Singhal   with a prayer that he  may be released on bail in case crime no. 100  of 2005, under Sections 18/20 of the N.D.P.S. Act, P.S. Bhojpur district Ghaziabad.

From the perusal of the record, it reveals that  in the present case the  F.I.R. was lodged by S.I. Anuradha Singhal, at P.S. Bhojpur on 20.2.2005 at 7.00 p.m. in respect of the incident which had occurred on 20.2.2005 at about 3.15 p.m.

According to prosecution version  the first informant  along with some other police personnel saw that two boys were coming from Industrial Road. They turned back and started running after seeing the police party, but they were arrested at about 3.15 p.m. on 20.2.2005. They disclosed their names as Anu Bhardwaj and Rahul Singhal the present applicant. They disclosed that they possessing 1/2  kg heroin each. Both the accused persons were asked by the arresting officer that whether they want to be searched before any Gazetted Officer or Magistrate, but they refused and stated that they might be searched by the first informant and others. The first informant made an attempt to arrange public witness, but nobody was ready to become witness. The search of the applicant and other co-accused persons was made. From the possession of co-accused Anu Bhardwaj 1/2 heroin was recovered from the right pocket of the jacket and from the possession of the applicant also 1/2 kg heroin was recovered which was kept in a polythene from his shirt. For the purposes of the sample 10 grams from each recovered heroin was taken and it was sealed in different match boxes. Thereafter, the F.I.R. was lodged at the police station concerned.

It is contended by the learned counsel for the applicant that there is no compliance of Section 50 of the N.D.P.S. Act, because it has not been specifically informed by the arresting officer to the applicant that it was his right to be searched before the Magistrate or any Gazetted Officer. The failure to do so would cause prejudice to the applicant, the mere saying that whether the applicant wanted to be searched in the presence of Gazetted Officer or Magistrate is not sufficient. In support of this argument three cases of the Apex Court as Vinod Vs State of Maharashtra, 2003, SCC(Crl) 14, K. Mohanan Vs. State of Kerala, 2000 SCC(Crl) 1228 and State of Punjab Vs Baldeo Singh, 1999, SCC (Crl) 1080 have been cited by the learned counsel for the applicant.  

It is replied by the learned A.G.A.  by submitting that  in the present case there is compliance of Section 50 of the NDPS Act, because before taking the search of the applicant and other co-accused persons the offer was placed by the arresting officer before the applicant and other co-accused person to give search before any Gazetted Officer or Magistrate, but they  refused and  stated that their search may be taken by the arresting officer because they were having reliance upon him. It is further contended that for compliance of Section 50 of the N.D.P.S. Act there is no specific form prescribed or intended for conveying the information required  to be given under Section 50 of the N.D.P.S. Act, but it is necessary that the accused should be made aware of the existence of his right to be searched in presence of any Gazetted Officer or Magistrate. Since no specific mode or manner is prescribed or intended, the court has to see the substance and not the form of intimation and the requirement of Section 50 of the N.D.P.S. Act is to be decided  on the facts of each case and there cannot be any facts of each case and there cannot be any sweeping generalization and/or strait-jacked formula.

In support of this submission the learned A.G.A.  has cited the latest decision of the Apex Court in case of Prabha Shankar Dubey Vs. State of Madhya Pradesh, 2004(1) JIC 336 (SC).

It is further contended that in the present case 1/2 kg heroin has been recovered which is above the commercial quantity. The arresting officer had made efforts to collect the public witness but nobody was ready to become the witness and no reason has been assigned by the applicant to show his false implication. It is further contended that recovered heroin was 1/2  kg. The chances of the plantation of such recovery are remote.

From the perusal of the record it appears that present bail application has been filed on the basis of the material collected by the I.O. and no evidence has been adduced in the trial court till no. The view taken by the Hon'ble Apex Court in the cases as referred above , on the basis of evidence adduced in the trial court. The pleas  taken by the learned counsel for the applicant may be taken at the stage of the trial when the evidence is adduced. Therefore, the cases referred above are not applicable in the present case.

After considering the quantity of the recovered heroin which is above the commercial quantity and the  facts and circumstances of the case  and  submissions made by the learned counsel for the applicant, learned A.G.A. and without expressing any opinion on the merits of the case the applicant is not entitle for bail.

Accordingly, the bail application is rejected.

Dated: 25.11.2005.

Rcv


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.