Deposit ₹5 Lacs Toward 'Army Battle Casualty Welfare Fund': Allahabad High Court Imposes Bail Condition In NDPS Case

While granting bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Allahabad High Court recently imposed directed him to deposit a bank draft of ₹5 Lacs in the account of 'Army Battle Casualty Welfare Fund'.

The Bench of Justice Dinesh Kumar Singh has asked the accused, Rajneesh Kumar Gupta to deposit the said amount and submit a receipt thereof before the trial Court.

Gupta had been booked Sections 8/18/29 NDPS Act by Narcotics Control Bureau Lucknow, District Lucknow on the allegation that 13.8 Kg opium was recovered from a Truck, owned by Gupta.

The facts in brief

Allegedly, the truck was coming from Latehar, Jharkhand to Lucknow via Bareilly and was being driven by the co-accused, Kauser Husain, who, in his statement under Section 67 of the N.D.P.S. Act, stated that Gupta was the main person, who sent the truck to Latehar, Jharkhand to bring the opium.

It was argued by the NCB that the Call details of the applicant-Gupta and co-accused at Latehar, Jharkhand, from whom the opium was procured, demonstrated that the accused -applicant was in constant touch with the person from whom the opium was brought in the truck.

On the other hand, Accused-Gupta argued that he has no criminal history and he has been languishing in jail since July 2020, it was further submitted that except for the alleged statement of co-accused, there is no other evidence against him.

Noting that, except for the statement of co-accused recorded under Section 67 of the NDPS Act, there is no other evidence to bring the charge home against the accused-applicant and considering the provisions of Section 37 (1-B) of the NDPS Act, the Court found it appropriate to enlarge the accused on bail.

Case title - Rajneesh Kumar Gupta Second Bail v. U.O.I. Through Intelligence Officer N.C.B. Lucknow
Case citation: 2022 LiveLaw (AB) 19

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