Single judge dismissed bail application of accused in NDPS case where 130 injections were recovered from his possession, deemed commercial quantity, denying bail despite argument of parity.
Bail application dismissed; pending application disposed of.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.831 of 2020 Hon’ble R.C. Khulbe, J. Mr. Hari Mohan Bhatia, learned counsel for the applicant. Mr. Pankaj Joshi, learned B.H. for the State. Accused–Ankit Singh Bisht has sought his release on bail in connection with NCB Crime No- NCB/DDN/02 and 2-A/2020 u/s 8/22/29 of the NDPS Act at P.S. NCB Zone, Dehradun. It is argued that the accused has been falsely implicated; he is languishing in jail since 21.01.2020 having no criminal history; co-accused Lakshit Bhardwaj has already been enlarged on bail, and the applicant also deserves bail on the basis of parity. Per contra, learned counsel for the State opposed for bail. As per the recovery memo, 20 injections were recovered from the possession of co-accused Tanveer Malik, on whose disclosure statement, name of present applicant came into light; on the search of applicant, 130 injections were recovered. Insofar as the question of granting bail to the co-accused Lakshit Bhardwaj is concerned, since there was no recovery from him, hence he was granted bail; however, from the possession of applicant, 130 injections were recovered which falls within the purview of commercial quantity. Looking to the aforesaid facts and considering the gravity of offence which affects the society, at large, the applicant does not deserve bail at this stage. The bail application is, accordingly, dismissed. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 09.08.2021 Rdang |
1 issue framed by the court
Whether the applicant deserves bail in connection with commercial quantity of narcotic injections recovered from his possession?
1 provisions across 1 enactments
Ankit Singh Bisht
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
