Harpal v. State of Uttarakhand
Case brief
What is this about?
Second bail application under Section 8/20 N.D.P.S. Act for regular bail was rejected. Applicant was in jail since 08.06.2018; huge quantity of Charas recovered was admitted as much above commercial quantity.
What did the court decide?
Second bail application rejected.
What the court decided
A compact analysis
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BA2 No. 52 of 2019 Hon’ble Manoj K. Tiwari, J.
Mr. Karan Anand, Advocate for the applicant.
Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties through video conferencing.
This is second bail application moved by the applicant seeking regular bail in Case Crime No. 237 of 2018, under Section 8/20 N.D.P.S. Act, registered at Police Station Patel Nagar, District Dehradun.
The first bail application moved on behalf of the applicant was dismissed as withdrawn on 02.05.2019.
Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; has no criminal history and is languishing in jail 08.06.2018. He submits that applicant is the only bread earner in the family and, due to his detention, his entire family is at the verge of starvation. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.
I have considered the submission advanced by the learned counsel for the parties. Huge quantity of Charas i.e. 4.380 kg. was recovered from the possession of the applicant, which is admittedly much above the commercial quantity.
Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. Consequently, the second bail application is rejected.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in possession of a huge quantity of narcotics.
Whether the applicant secured by bail would fail to misuse the same or furnish bail surety as per satisfaction of Court.
Parties & counsel
- applicant
Applicant
- respondent
State of Uttarakhand
Coram
Manoj K. Tiwari
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · December
- Registered
- Case no.
- BA2/52/2019
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