# Bahadur Prasad (In Jail) v. State of U.P

- **Citation:** (2020) 9 ILRA 163
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-09-07
- **Case number:** Criminal Misc. Bail Application No. 19880 of 2020
- **Bench:** Gautam Chowdhary
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/bahadur-prasad-in-jail-v-state-of-u-p-45925
- **Pages:** 4

## Headnote

Law-Narcotics
Drugs
and
Psychotropic Substances Act - Sections
8/20 -Narcotics Control Bureau- Standing
Instruction
No.
1/88-
Recovery
of
Contraband
from
possession
of
the
applicant- Sample has not been taken
from each packet and hence it could not
be said that the amount of contraband
material obtained is of such quantity as
has been shown by the police. The
Narcotic Control Bureau, New Delhi by
issuing standing Instruction No.1/88 has
laid down the standards of procedure to
be followed in the matters of recovery of
contraband substances and taking of their
samples. These instructions have been
issued with a view to bring uniformity of
approach in such matters and also to
provide for a secure system of handling of
drugs' samples which is to standardise the
procedure
with
regard
to
drawing,
forwarding and testing of samples.

Samples from each recovered
packet of
recovered contraband have to be taken in
accordance with the directions contained in
Standing Order No. 1/88 of the NCB, failing
which the recovery of the contraband may not
be considered genuine.

Bail Application allowed. (E-3)

Case law relied upon/ Discussed: -

## Text

9 All. Bahadur Prasad Vs. State of U.P.
163
dates fixed for (1) opening of the case, (2)
framing of charge and (3) recording of
statement under Section 313 Cr.P.C. If in
the opinion of the trial court absence of the
applicants
are
deliberate
or
without
sufficient cause, then it shall be open for
the trial court to treat such default as abuse
of liberty of bail and proceed against them
in accordance with law and the trial court
may proceed against them under Section
229-A IPC.

(vi) The trial court may make all
possible efforts/endeavour and try to
conclude the trial expeditiously after the
release of the applicant.

18. The identity, status and residential
proof of sureties will be verified by court
concerned and in case of breach of any of
the conditions mentioned above, court
concerned will be at liberty to cancel the
bail and send the applicants to prison.

19. The bail applications are allowed.

20. The party shall file computer
generated copy of such order downloaded
from the official website of High Court
Allahabad.

21. The computer generated copy of
such order shall be self attested by the
counsel of the party concerned.

22.

The
concerned
Court/Authority/Official shall verify the
authenticity of such computerized copy of
the order from the official website of High
Court Allahabad
and
shall
make
a
declaration of such verification in writing.
----------
(2020)09ILR A163
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 07.09.2020
BEFORE

THE HON'BLE GAUTAM CHOWDHARY, J.

Criminal Misc. Bail Application No. 19880 of 2020

Bahadur Prasad ...Applicant(In Jail)
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Sanjeev Kumar Shukla

Counsel for the Opposite Party:
A.G.A.

Criminal
Law-Narcotics
Drugs
and
Psychotropic Substances Act - Sections
8/20 -Narcotics Control Bureau- Standing
Instruction
No.
1/88-
Recovery
of
Contraband
from
possession
of
the
applicant- Sample has not been taken
from each packet and hence it could not
be said that the amount of contraband
material obtained is of such quantity as
has been shown by the police. The
Narcotic Control Bureau, New Delhi by
issuing standing Instruction No.1/88 has
laid down the standards of procedure to
be followed in the matters of recovery of
contraband substances and taking of their
samples. These instructions have been
issued with a view to bring uniformity of
approach in such matters and also to
provide for a secure system of handling of
drugs' samples which is to standardise the
procedure
with
regard
to
drawing,
forwarding and testing of samples.

Samples from each recovered
packet of
recovered contraband have to be taken in
accordance with the directions contained in
Standing Order No. 1/88 of the NCB, failing
which the recovery of the contraband may not
be considered genuine.

Bail Application allowed. (E-3)

Case law relied upon/ Discussed: -

1. Dataram Singh Vs St. of U.P.: (2018) 3 SCC 22
164 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by Hon'ble Gautam Chowdhary, J.)

1. Heard learned counsel for the
applicant and learned A.G.A. for the State
and perused the material brought on record.

2. The present bail application has
been filed on behalf of the applicant,
Bahadur Prasad, with a prayer to release
him on bail in Case Crime No. 0282 of
2019, under Sections 8/20 N.D.P.S. Act,
Police Station- Kotwali, District- Ballia,
during pendency of trial.

3. The submission advanced by learned
counsel for the applicant is that the quantity
of the material obtained from the possession
of the applicant is that 27 packets (amounting
1 quintal 70 kgs) of the contraband material
was found but the sample has not been taken
from each packet and hence it could not be
said that the amount of contraband material
obtained is of such quantity as has been
shown by the police. It is also submitted that
there is no eye witness present of the alleged
incident. Further contention is that the
statutory provisions of the Narcotic Drugs
and Psychotropic Substances Act, 1985 have
not been complied with in the right manner.
Several other submissions in order to
demonstrate the falsity of the allegations
made against the applicant have also been
placed before the Court. The circumstances
which, according to the counsel, led to the
false implication of the accused have also
been mentioned. It has also been assured on
behalf of the applicant that he is ready to
cooperate with the process of law and shall
faithfully make himself available before the
court whenever required and is also ready to
accept all the conditions which the Court may
deem fit to impose upon him. It is further
contended by learned counsel for the
applicant that the applicant is languishing in
jail since 12.07.2019.

4. In support of his argument, learned
counsel for the applicant has placed
reliance upon the judgment of Jaswinder
Singh and Another Vs. State of Punjab
2012 LawSuit (P&H) 5446 wherein
sampling of packets has
been well
considered. Counsel in this regard has also
tried to place reliance upon the judgment
given earlier by the preceding Bench of this
Court in the case of Haider Ansari Vs.
State of U.P., wherein it was submitted that
The Narcotic Control Bureau, New Delhi
by issuing standing Instruction No.1/88 has
laid down the standards of procedure to be
followed in the matters of recovery of
contraband substances and taking of their
samples. These instructions have been
issued with a view to bring uniformity of
approach in such matters and also to
provide for a secure system of handling of
drugs' samples which is to standardise the
procedure
with
regard
to
drawing,
forwarding and testing of samples. The
relevant portions of the said instructions are
being reproduces herein below :-

"1.5.- Place and time of drawal of
sample

"Samples
from
the
Norcotic
Drugs and Psychotropic Substances seized,
must be drawn on the spot of recovery, in
duplicate, in the presence of search(Panch)
witnesses and the person from whose
possession the drug is recovered, and a
mention to this effect should invariably be
made in the panchnama drawn on the
spot."

1.6.- Quantity of different drugs
required in the sample

"The quantity to be drawn in each
sample for chemical test should be 5 grams
in respect of all norcotic drugs and
psychotropic substances except in the cases
of Opium, Ganja and Charas/Hashish
where a quantity of 24 grams in each case
9 All. Bahadur Prasad Vs. State of U.P.
165
is required for chemical test. The same
quantities should be taken for the duplicate
sample also. The seized drugs in the
packages/containers should be well mixed
to make it homogenous and representative
before the sample in duplicate is drawn."

1.7.- Number of samples to be
drawn in each seizure case

"(a) In the case of seizure of a
single package/container one sample in
duplicate is to be drawn. Normally it is
advisable to draw one sample in duplicate
from each package/container in case of
seizure
of
more
than
one
package/container.

(b)
However,
when
the
package/containers seized together are of
identical size and weight, bearing identical
markings and the contents of each package
given identical results on colour test by
U.N. Kit, conclusively indicating that the
packages
are
identical
in
all
respect/packages/container
may
be
carefully
bunched
in
lots
of
10
packages/containers. In case of seizure of
Ganja and Hasish, the packages/containers
may be bunched in lots of 40 such
packages/containers. For each such lot of
packages/containers,
one
sample
in
duplicate may be drawn."

(c) Where-after making such lots,
in the case of Hashish and Ganja, less than
20 packages/containers remain, and in case
of
other
drugs
less
than
5
packages/containers remain, no bunching
would be necessary and no samples need
be drawn.

(d) If it is 5 or more in case of
other drugs and subsistances and 20 or
more in case of Ganja and Hasish, one
more sample in duplicate may be drawn for
such remainder package/containers.

(e) While drawing one sample in
duplicate from a particular lot, it must be
ensured that representative drug in equal
quantity
is
taken
from
each
package/container of that lot and mixed
together to make a composite whole from
which the samples are drawn for that lot.

1.8.-
Numbering
of
packages/containers.

Subject to the detailed procedure
of identification of packages/containers, as
indicated
in
para
1.4
each
package/container
should
be
securely
sealed
and
an
identification
slip
pasted/attached on each one of them at
such place and in such manner as will
avoid easy obliteration of the marks and
numbers on the slip. Where more than one
sample is drawn, each sample should also
be serially numbered and marked as S-1, S2, S-3 and so on, both original and
duplicate sample. It should carry the serial
number of the packages and marked as P1, 2, 3, 4 an so on.

1.9.- "It needs no emphasis that
all samples must be drawn and sealed in
the presence of the accused, panchnama
witness and seizing officer and all of them
shall be required to put their signature on
each sample. The official seal of the seizing
officer should also be affixed. If the person
from whose custody the drugs have been
recovered, wants to put his own seal on the
sample, the same may be allowed on both
the original and the duplicate of each of the
sample."

1.10.- Packing and sealing of
samples

"The sample in duplicate should
be kept in heat sealed plastic bags as it is
convenient and safe. The plastic bag
container should be kept in a paper
envelope may be sealed properly. Such
sealed envelope may be marked as original
and duplicate. Both the envelopes should
also bear the S.No. Of the package
(s)/container(s) from which the sample has
been drawn. The duplicate envelope
166 INDIAN LAW REPORTS ALLAHABAD SERIES
containing the sample will also have a
reference of the test memo. The seals
should be legible. This envelope along with
test memos should be kept in another
envelope which should also be sealed and
marked "secret-Drug sample/Test memo" to
be
sent
to
the
concerned
chemical
laboratory."

5. Learned AGA for the State has
vehemently opposed the prayer for bail but
could not argue the aforesaid fact.

6. Having considered the material on
record, larger mandate of the Article 21 of
the Constitution of India and the dictum of
Apex Court in the case of Dataram Singh
Vs. State of U.P. and another, reported in
(2018) 3 SCC 22 and without expressing
any opinion on the merits of the case, let
the applicant involved in the aforesaid
crime be released on bail on his furnishing
a personal bond and two sureties each in
the like amount to the satisfaction of the
court
concerned
with
the
following
conditions that :-

1. The applicant shall not tamper
with
the
prosecution
evidence
by
intimidating/ pressurizing the witnesses,
during the investigation or trial.

2. The applicant shall cooperate
in the trial sincerely without seeking any
adjournment.

3. The applicant shall not indulge
in any criminal activity or commission of
any crime after being released on bail.

4. In case the applicant has been
enlarged on short term bail as per the order
of committee constituted under the orders
of Hon'ble Supreme Court his bail shall be
effective after the period of short-term bail
comes to an end.

5. The applicant shall be enlarged
on bail on execution of personal bond
without sureties till normal functioning of
the courts is restored. The accused will
furnish sureties to the satisfaction of the
court below within a month after normal
functioning of the courts are restored.

6. The party shall file computer
generated copy of such order downloaded
from the official website of High Court
Allahabad.

7.
The
concerned
Court/Authority/Official shall verify the
authenticity of such computerized copy of
the order from the official website of High
Court Allahabad
and
shall
make
a
declaration of such verification in writing.

7. In case of breach of any of the
above conditions, it shall be a ground for
cancellation of bail.
----------
(2020)09ILR A166
APPELLATE JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 24.01.2020

BEFORE

THE HON'BLE RAKESH SRIVASTAVA, J.

First Appeal From Order No. 430 of 2016

Jiaul Hasan & Ors. ...Appellants
Versus
Vijendra Singh & Anr. ...Respondents

Counsel for the Appellants:
Balendu Shekhar

Counsel for the Respondents:
Awadhesh Kumar Shukla, Kunwar Ravi
Prakash, Tarun Kumar Misra

A.
Civil
Law-Motor
Accident
Claim-
Deduction towards personal and living expenses
- Where the deceased was a bachelor and the
claimants are the parents, 50% deduction is to
be made towards personal and living expenses
of the deceased - Held, Tribunal wrongly