CJ Sharad Kumar Sharma rejected a bail application filed by an accused charged under the NDPS Act for carrying 3 kg of charas, concluding that the commercial quantity precludes bail eligibility under Section 37.
Bail application rejected; applicant is not entitled to bail.
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BA1 No. 1485 of 2018
Hon’ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. Abhishek Verma, Advocate for the applicant.
Mr. Sandeep Tandon, Deputy Advocate General along with Mrs. Mamta Joshi, Brief Holder for the State of Uttarakhand.
The applicant is an accused for the commission of offence under Section 8/20/60 of N.D.P.S. Act, in an FIR being FIR No. 253 of 2018, as registered against him at P.S. Shahaspur, District Dehradun.
In accordance with the set of allegations levelled in the FIR, it refers that the police team, on getting information with regards to probable carriage of the contraband articles had apprehended the present applicant along with the co-accused when they were travelling on a Pulsar Motorcycle bearing Registration No. HR71-9320. On being apprehended the applicant was carrying a Rucksack bag on his back and when the same was opened by the police team, 3 kg of charas the contraband was recovered from the present applicant.
The contraband thus recovered from the applicant was in accordance with the observations made in the FIR was after the compliance of the provisions contained under Section 50 of the Act. Even otherwise also, the amount of contraband which was being carried by the applicant happens to be beyond the commercial quantity.
In such an eventuality, the implication of Section 37 of the NDPS Act will come into play and looking to the nature of offence, which is social menace, which is being carried by the drug peddlers, this Court is of the view that the applicant is not entitled for bail.
Accordingly, the bail application stands rejected.
(Sharad Kumar Sharma, J.) 01.07.2020
Mahinder/
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving commercial quantity of charas under the NDPS Act.
3 provisions across 2 enactments
The applicant
The State of Uttarakhand
Sharad Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
