Allowed

Surendra Singh v. State of Uttarakhand

Uttarakhand HC11 Nov 2021BA1/984/2021

Case brief

AI extract

What is this about?

In a bail application regarding U/s 8/20/60 of N.D.P.S. Act and Chief Metre Act, the Court held that as the contraband was charas (923.7g), it was not a commercial quantity case. Considering the accused had served over eight months, bail was allowed pending investigation and trial.

What did the court decide?

Accused to be released on bail; filed personal sureties in such amount as fixed by the Court.

Surendra Singh Vs State of Uttarakhand — Narcotics (NDPS) | Uttarakhand HC (2021)

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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.984 of 2021 Hon’ble R.C. Khulbe, J. Mr. Nandan Arya, learned counsel for the applicants. Mr. Subhash Tyagi Bhardwaj, learned Dy.A.G. for the State. Accused–Surendra Singh and Lal Singh have sought their release on bail in connection with Case Crime/FIR No.06/2021, U/s 8/20/60 of the N.D.P.S. Act, registered at P.S. Kanalichina, District Pithoragarh. It is argued that the accused have been falsely implicated; they are languishing in jail since 15.02.2021; they have no criminal history; the contraband article does not come within the definition of commercial quantity; they are ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. As per recovery memo, on 14.02.2021, the accused were apprehended by the police while they were carrying the contraband article which was recovered from their bags; on 27.10.2021, a direction was issued to the I.O. to produce the contraband article before the Court for weighing it; as per the Court’s order a report is submitted by the Special Judge, Pithogragarh; as per the report, the exact weight of the contraband article charas is 923.7 grams; from the report, it is clear that the contraband article does not come within the definition of commercial quantity; the accused have already served more than eight months in jail; it will take time to conclude the trial; accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicants are directed to be released on bail

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on executing one two reliable suret like amount, to concerned. Pending a disposed of. Copy today.	personal bond ies by each one the satisfaction pplication, if	and furn of them of the any,	ishing in the Court stands
Sukhbant	(R.C. K 11.11	hulbe, J. .2021	)

Surendra Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Surendra Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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