Allahabad High Court directs action against officers for falsely booking a man under NDPS Act

The Lucknow Bench of the Allahabad High Court has directed action against officers concerned in a case of booking a man under the NDPS Act by calling the alleged drug a narcotic substance  and sending him to jail.

A single-judge bench of Justice Pankaj Bhati passed this order while hearing a bail application filed by Ajay Bajpai.

The accused-applicant seeks bail in FIR under sections 420, 274, 275, 467, 468, 471 IPC, and section 18(A) (IV)/27 of the Drug and Cosmetic Act, 1940, PS Ganga Ghat, District Unnao.

The counsel for the applicant argued that on the basis of the FIR, a consignment of medicines was seized. It also records that on interrogation three accused namely the applicant and two other persons admitted that they were in the business of selling fake medicines and based upon the said statements, the applicant was arrested.

The counsel for the applicant further argued that the co-accused namely Sonu Tiwari who was assigned the similar role has been enlarged on bail by the Court order dated November 12, 2021 and further Gaurav Singh also implicated in the said offence, although have a different role, has also been enlarged on bail order dated October 29, 2021.

“The applicant has been in custody since August 29, 2021. Considering the fact that the co-accused of the case have been enlarged on bail and the applicant is in jail since August 29, 2021, consequently, on the ground of parity with the accused Sonu Tiwari, the applicant is entitled for bail,” the court observed while allowing the bail application.

The Court ordered that let the applicant Ajay Bajpai be released on bail subject to his furnishing a personal bond and two reliable sureties of Rs 25,000 each to the satisfaction of the court below concerned with the following conditions:

1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

3. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 CrPC is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

4. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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