The High Court granted bail to Sukhdev Singh accused of transporting narcotics, noting the small contraband quantity, lack of independent witness statements, and non-previous-convict status despite criminal history.
The applicant was released on bail by executing a personal bond and furnishing two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA 1 No. 1856 of 2021 Hon’ble N.S.Dhanik, J. Mr. Mehboob Rahi, learned counsel for the applicant. Mr. Pramod Kumar Tiwari, learned AGA for the State. The applicant Sukhdev Singh @ Sukkha, who is in judicial custody in connection with FI R No. 179 of 2021, under Section 8/ 22 of the NDPS Act, 1985, Police Station Sitarganj, District Udham Singh Nagar, has sought his release on bail. It is argued by learned counsel for the applicant that as per the version of FIR, the place of incident is a very crowded area, but no statement under Section 161 Cr.P.C. of any public witness or any independent witness has been recorded by the I.O.; the applicant has although crim inal history, yet he has been enlarged on bail in all those cases and he is not a previous convict; the applicant has falsely been implicated in this case.Further, the weight of contraband alleged to have been recovered from the possession of the applicant is 30.95 Gram, which is below commercial quantity. Having considered all the submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged onbail. |
| The Acc |
bail appl ordingly, |
ication is allowed. let the applicant, |
|---|---|---|
| namely, | Sukhdev | Singh @ Sukkha, be |
| released | on bail, | on his executing a |
| personal | bond |
and furnishing two |
| sureties, the satisf |
each of action of |
the like amount, to the Court concerned. |
| Kaushal | ( N.S.Dh an ik , J.) 05.08.2021 |
2 issues framed by the court
Whether the applicant granted bail under the NDPS Act considering his criminal history is a previous convict and the quantity of contraband?
Whether lack of recorded statements of public witnesses justifies granting bail?
2 provisions across 2 enactments
Sukhdev Singh @ Sukkha
State of Uttarakhand
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
