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In a noteworthy decision, the Allahabad High Court recently granted bail to a man accused of possessing Opium on the condition of depositing ₹5 Lacs in the account of 'Army Battle Casualty Welfare Fund'.

The bench of Justice Dinesh Kumar Singh asked the accused, Rajneesh Kumar Gupta, who is facing charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to deposit the said amount and submit a receipt thereof before the trial Court.

Court directed that if the receipt is submitted then the Trial Court shall enlarge Gupta on bail on his furnishing a personal bond and two sureties each, in the like amount to the satisfaction of the Court concerned.

As per the allegations, 13.8 Kilograms of Opium was recovered from a truck that was coming from Latehar, Jharkhand to Lucknow, Uttar Pradesh. Though the truck was being driven by someone else, Gupta was pinpointed to be its owner and the main culprit. 

The driver of the truck, in his statement under Section 67 of the N.D.P.S. Act, had stated that Gupta was the main person, who sent the truck to Latehar, Jharkhand to bring the Opium.

The call details of the Gupta and co-accused at Latehar, Jharkhand, from whom the opium was procured, had also demonstrated that the Gupta was in constant touch with the person from whom the opium was brought in the truck.

However, in his bail plea before the High Court, Gupta had argued before the court he has no criminal history and he has been languishing in jail since July 2020. He had also highlighted that except for the statement of the driver, there was no other evidence against him.

Consequently, considering the fact of the case, and noting that except for the statement of co-accused recorded under Section 67 of the NDPS Act, there was no other evidence to bring the charge home against Gupta and also considering the provisions of Section 37 (1-B) of the NDPS Act, the high court opined to release him on bail. 

Case Title: Rajneesh Kumar Gupta Second Bail v. U.O.I. Through Intelligence Officer N.C.B. Lucknow