Allahabad HC Grants Bail to an Accused Drug Smuggler

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On an order dated, 19th of August, 2020 Farman (accused applicant) was released on bail after getting arrested on the spot for being involved in smuggling interdicted drugs at a medical shop in Muzaffar Nagar. He was put behind bars last December.

Background of the Case

Farman, along with three others, were arrested for having been found with interdicted drugs in a medical shop in Muzaffar Nagar. According to the report, there were varied kinds of drugs with the rest of the things that were found were medicinal drugs. The following drugs were recovered:

  • Clovidol-100 SR;
  • Simplex-C;
  • Pervorin-Spas; and 
  • Foridol.

Farman was filed under the Sections 21, 22, 25, 26 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and Sections 18A and 27 of the Drugs & Cosmetics Act, 1940, in the Police Station Civil Lines, Muzaffar Nagar. He’s been locked up in the prison from the 12th of December, 2019 for the same. The present petition is filed at the High Court of Judicature, Allahabad to seek bail until the pendency of the trial.

Submissions at the Court

The learned counsel for the applicant has stated that he was a mere employee who was working under Anoop Garg (co-accused), the medical shop owner. It is to be noted that Farman was just following the orders of his employer. 

Sahil Shahavez and Sushi, who was also working alongside Farman and under the instructions of Anoop in the medical shop, were released on bail in June and July, respectively. Additionally, the medical shop owner, Anoop himself was granted bail by the competent Court. However, Farman had been jailed since last December. It is also to be taken note that the quantity of the discovered contraband substances was way below the commercial value. Nevertheless, the learned Additional Government Advocate (AGA) for the state had opposed the same.

Court’s Decision 

Given the above submissions presented by both sides, Farman was granted bail by the bench of learned Judge Dinesh Kumar Singh-I, Allahabad High Court. The Court had directed that he can be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court. He was also directed to follow the following conditions and if not, the same will be a ground for the invalidation of bail, the said conditions are:

  • He shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the trial.
  • He shall cooperate in the trial sincerely without seeking any adjournment.
  • He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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