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Allahabad High Court rejects bail to man held with 1000 kg ganja

The applicant is seeking enlargement on bail in Case under sections 8/22/27/29/60B of NDPS Act, Police Station- Lucknow NCB, District Allahabad.

The Allahabad High Court has rejected the bail application of a man accused of smuggling 1000 kg ganja.

A single-judge bench of Justice Ashwani Kumar Mishra passed this order while hearing a Criminal Misc Bail Application filed by Sahil Yadav Alias Mulchandra Yadav.

The applicant is seeking enlargement on bail in case under Sections 8/22/27/29/60B of NDPS Act, Police Station- Lucknow NCB, District Allahabad.

It appears that 1000 Kg ganja was recovered from two vehicles one of which was a truck from which 975 Kg ganja has been recovered and the applicant was not sitting in the truck.

It is further stated that he has been arrested and has been in jail since May 30, 2021.

Counsel for the applicant stated that applicant has no previous criminal history and he is an innocent poor person who had boarded the truck for the limited purpose of traveling and was not aware that any narcotic substance was being carried in the truck.

It is also urged that the applicant is in jail for sufficiently long and the trial in the matter is not likely to be concluded shortly, particularly in view of the ongoing Covid-19 pandemic.

Ashish Pandey, counsel for the respondent, stated that recovery has been effected in the presence of gazetted officers and the provisions under Section 50 had been complied with.

It is also stated that bail of co-accused Komal @ Vishal and other persons have been denied by the Court.

“Having considered the submission of counsel for the respective parties, and also the fact that narcotic substance collected is much more than the commercial quantity and other accused persons have already been declined bail, the plea of applicant for enlargement on bail is declined without making any observation on the merits of the contention advanced by the counsel for the parties,” the Court observed while rejecting the bail application.

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