# Shakir Mewati v. State of U.P. Opp. Party - **Citation:** (2021) 6 ILRA 543 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2021-06-09 - **Case number:** Crl. Misc. Bail Application No. 16687 of 2021 - **Bench:** Shamim Ahmed - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shakir-mewati-v-state-of-u-p-opp-party-47126 - **Pages:** 3 ## Headnote Criminal Law - Criminal Procedure Code (2 of 1974) - Section 437 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21/20 - Bail - Grant of - 120 gms of Alprazolam, slightly above commercial quantity, recovered from the possession of applicant - argument of applicant that statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 not complied with, therefore no legal sanctity of the alleged recovery - Bail, granted (Para 4, 7) Allowed. (E-4) List of Cases cited:- ## Text 6 All. Shakir Mewati Vs. State of U.P. 543 view of the matter, the equities that arise on the principles settled in Rafiq Masih, the employers ought not to be permitted to recover from the petitioner. 18. In the result, this writ petition succeeds and is allowed. The orders dated 29.11.2014, 22.12.2014, 20.06.2015, 10.07.2015, 08.07.2015 and 27.08.2016, variously passed by the Regional ManZger and the Assistant Regional Manager of the Corporation at Aligarh, are hereby quashed. The entire post-retiral benefits of the petitioner, without any diminution to his emoluments, shall be paid to him forthwith. 19. There shall, however, be no order as to costs. ---------- (2021)06ILR A543 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 09.06.2021 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Application No. 16687 of 2021 Shakir Mewati ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Sanjay Ojha, Sri Amar Jeet Upadhyay Counsel for the Opp. Party: A.G.A. Criminal Law - Criminal Procedure Code (2 of 1974) - Section 437 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21/20 - Bail - Grant of - 120 gms of Alprazolam, slightly above commercial quantity, recovered from the possession of applicant - argument of applicant that statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 not complied with, therefore no legal sanctity of the alleged recovery - Bail, granted (Para 4, 7) Allowed. (E-4) List of Cases cited:- 1. Dataram Singh Vs St. of U.P. & anr., (2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. The Court convened through video conferencing. 2. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 3. This application has been filed seeking the release of the applicant on bail in Case Crime No. 142 of 2021 under sections 21/20 N.D.P.S. Act, police station Kotwali Nagar, District Bulandshahar. 4. Submission of learned counsel for the applicant is that the quantity of the contraband shown to be recovered from the possession of the applicant is 120 gms. Alprazolam which is said to be slightly more to the above commercial quantity. The contention is that the police has deliberately shown the amount exaggeratedly just in order to add gravity to the offence. It has also been pointed out that the applicant is jail since 06.02.2021. Other submissions assailing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in true letter and spirit, and therefore, the legal sanctity of the alleged recovery stands vitiated. The 544 INDIAN LAW REPORTS ALLAHABAD SERIES counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. Malice behind the prosecution has also been pleaded during the course of the arguments placed on behalf of the accused. 5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has 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 has also been pointed out that the accused is not having any criminal history and he is in jail since 6.2.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 6. Learned A.G.A. opposed the prayer for bail. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Shakir Mewati involved in Case Crime No. 142 of 2021 under sections 21/20 N.D.P.S. Act, police station Kotwali Nagar, District Bulandshahar be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) 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 9. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 10. It is clarified that the observations, if any, made in this order are strictly 6 All. Radhey Shyam Yadav Vs. State of U.P. 545 confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2021)06ILR A545 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 09.06.2021 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Application No. 16755 of 2021 Radhey Shyam Yadav ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Ankit Agarwal, Sri Gyan Prakash Mishra Counsel for the Opp. Party: A.G.A. Criminal Law - Criminal Procedure Code (2 of 1974) - Section 437 - Excise Act,1958 - Section 63 - Indian Penal Code, 1860 - Section 420 - Bail - Grant of - allegation that applicant, a truck driver, was illegally transporting whisky - contention of applicant that he showed all relevant papers to the police but they refused to entertain the same - mandatory provisions of Excise Act were not followed - prosecution case does not go beyond the purview of Excise Act - Bail, granted (Para 4, 7) Allowed. (E-4) List of Cases cited:- 1. Dataram Singh Vs St. of U.P. & anr., (2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. The Court has convened through Video Conferencing. 2. Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. 3. This application has been filed seeking the release of the applicant on bail in Case Crime No.89 of 2021, under Section 420 I.P.C. and 63 of Excise Act, Police Station Gulaothi, District Bulandshahr. 4. Learned counsel for the applicant submits that as per the prosecution case, on 4.2.2021 the applicant was carrying 1100 boxes of whisky having brand of 'Kims Gold Special Whisky' and each box contained 12 bottles and the said whisky was being illegally transported by the applicant to be delivered at M/s North East Liquors Bhalukkpong, District Kameng, Arunachal Pradesh and in that regard bill memo dated 22.2.2021 for 1200 boxes, issued by the High Field Distillers & Bottlers Pvt. Ltd., Chandigarh bearing TIN/CST No.12020443191 for a total sum of Rs.4,98,000/- and also the relevant papers issued by the liquor Company are annexed as Annexure-3 to the affidavit filed in support of the bail application. All these papers were shown by the applicant, who is driver of the truck in question, to the police officers but they totally refused to entertain the same and without giving any valid reason, falsely implicated the applicant in the present case. He further submits that the applicant is only a driver of the alleged truck in question bearing No.UP50AT 0937 which is registered in the name of one Julmi Yadav and the applicant has no concern with the said 1100 boxes of whisky which were alleged to have been recovered, actually there were 1200 boxes of whisky but the police team has only shown 1100 boxes of whisky to be recovered and 100 boxes of whisky were