High Court · 2025

District- Firozabad, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that as per allegation, from the possession of applicant 332 gm. charas was recovered and however, entire allegation levelled against the applicant is totally false and baseless but even the alleged recovery does not involve commercial quantity, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter.

4. He further submitted that however, along with provision of NDPS Act, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence of organized crime against the applicant. He further submitted that absolutely there is no evidence on record, which can suggests that applicant is the member of any organized crime syndicate.

5. He further submitted that however, apart form the present case, applicant is having criminal history of 13 other cases but his criminal history has been explained in paragraph no. 16 of the affidavit filed in support of the instant bail application and in almost all the cases, police implicated the applicant and in all the cases, he is on bail. He further submitted that even number of cases were old one. He further submitted that however, out of 13 cases, two cases were of NDPS Act but in these cases also, he is on bail.

6. He further submitted that as provisions of Section 37 NDPS Act are not applicable in the present matter, therefore, merely on the basis of criminal antecedents of the applicant, his bail application should not be dismissed, if otherwise case of bail is made out.

7. He further submitted that applicant is in jail in the present matter since 27.01.2025.

8. Per contra, learned AGA opposed the prayer for bail and submitted that however, as per allegation, from the possession of applicant 332 gm. charas was recovered, which is not the commercial quantity but applicant is having criminal history of 13 other cases and out of which, two cases were of NDPS Act but could not dispute the fact that in all the cases, applicant is on bail and in majority of the cases, he has been made accused during investigation by the police. He further could not dispute the fact that there is no evidence that applicant is member of any organized crime syndicate.

9. I have heard learned counsel for the parties and perused the record of the case.

10. However, as per allegation, from the possession of applicant 332 gm. charas was recovered and he is also having criminal history of 13 other cases but the alleged recovered contraband does not involve commercial quantity, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that provisions of Section 37 NDPS Act are not applicable in the present matter.

11. Further, record also suggests that in the present matter, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence that applicant is the member of any organized crime syndicate. Considering this fact, the argument advanced by learned counsel for the applicant that on the basis of false allegation, applicant has been challaned for the offence of organized crime, cannot be completely ruled out at this stage.

12. Further, entire criminal history of the applicant has been explained in the instant bail application and from its perusal, it appears, however, out of 13 cases, two cases were under the provisions of NDPS Act but in all the cases, applicant is on bail and in majority of the cases, it reflects, he has been made accused by the police during investigation and number of cases are old one.

13. Further, as provisions of Section 37 NDPS Act are not applicable in the present matter, therefore, in view of this Court, merely on the basis of criminal antecedents of the applicant, his bail applicant should not be dismissed. Further, prima facie, it appears, Investigating Officer of the present case misused the provisions of organized crime i.e. for offence under Section 111 BNS.

14. Further, applicant is in jail in the present matter since

27.01.2025.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Waseem Ali Alias Waseen Chapta be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad

District- Firozabad, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that as per allegation, from the possession of applicant 332 gm. charas was recovered and however, entire allegation levelled against the applicant is totally false and baseless but even the alleged recovery does not involve commercial quantity, therefore, provisions of Section 37 NDPS Act are not applicable in the present matter.

4. He further submitted that however, along with provision of NDPS Act, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence of organized crime against the applicant. He further submitted that absolutely there is no evidence on record, which can suggests that applicant is the member of any organized crime syndicate.

5. He further submitted that however, apart form the present case, applicant is having criminal history of 13 other cases but his criminal history has been explained in paragraph no. 16 of the affidavit filed in support of the instant bail application and in almost all the cases, police implicated the applicant and in all the cases, he is on bail. He further submitted that even number of cases were old one. He further submitted that however, out of 13 cases, two cases were of NDPS Act but in these cases also, he is on bail.

6. He further submitted that as provisions of Section 37 NDPS Act are not applicable in the present matter, therefore, merely on the basis of criminal antecedents of the applicant, his bail application should not be dismissed, if otherwise case of bail is made out.

7. He further submitted that applicant is in jail in the present matter since 27.01.2025.

8. Per contra, learned AGA opposed the prayer for bail and submitted that however, as per allegation, from the possession of applicant 332 gm. charas was recovered, which is not the commercial quantity but applicant is having criminal history of 13 other cases and out of which, two cases were of NDPS Act but could not dispute the fact that in all the cases, applicant is on bail and in majority of the cases, he has been made accused during investigation by the police. He further could not dispute the fact that there is no evidence that applicant is member of any organized crime syndicate.

9. I have heard learned counsel for the parties and perused the record of the case.

10. However, as per allegation, from the possession of applicant 332 gm. charas was recovered and he is also having criminal history of 13 other cases but the alleged recovered contraband does not involve commercial quantity, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that provisions of Section 37 NDPS Act are not applicable in the present matter.

11. Further, record also suggests that in the present matter, applicant has also been challaned for the offense under Section 111 BNS i.e. for organized crime but there is no evidence that applicant is the member of any organized crime syndicate. Considering this fact, the argument advanced by learned counsel for the applicant that on the basis of false allegation, applicant has been challaned for the offence of organized crime, cannot be completely ruled out at this stage.

12. Further, entire criminal history of the applicant has been explained in the instant bail application and from its perusal, it appears, however, out of 13 cases, two cases were under the provisions of NDPS Act but in all the cases, applicant is on bail and in majority of the cases, it reflects, he has been made accused by the police during investigation and number of cases are old one.

13. Further, as provisions of Section 37 NDPS Act are not applicable in the present matter, therefore, in view of this Court, merely on the basis of criminal antecedents of the applicant, his bail applicant should not be dismissed. Further, prima facie, it appears, Investigating Officer of the present case misused the provisions of organized crime i.e. for offence under Section 111 BNS.

14. Further, applicant is in jail in the present matter since

27.01.2025.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Waseem Ali Alias Waseen Chapta be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.

18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad