The High Court of Uttarakhand dismissed a second bail application by an applicant accused of transporting Ganja under Section 20/22 of the NDPS Act. The court held that sudden recovery without prior information and commercial quantities did not warrant release.
The second bail application is rejected and the applicant remains in custody.
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.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Bail Application No. 168 of 2021
Dharmendra Singh ….....Applicant Versus State of Uttarakhand ….….Respondent
Present:Ms. Prabha Naithani, Advocate for the applicant. Mr. Lalit Miglani, A.G.A. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Dharmendra Singh is in judicial custody in FIR No.31 of 2020, dated 28.12.2020, under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act”), Police Station Bhatrojkhan, District Almora. He has sought his release on bail.
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apprehended. When police searched the car, 30.65 Kg. Ganja was recovered. It is the case that, in fact, the applicant and co-accused tried to mislead the police as to what was in the bag.
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the FIR reveals that no persons agreed to witness the recovery. It does not make any ground to release the applicant on bail.
(Ravindra Maithani, J.) 02.12.2021
Sanjay
2 issues framed by the court
Whether Section 42 of the NDPS Act has been complied with in cases of sudden recovery where no prior information was available.
Whether the applicant is entitled to bail in a second bail application given the commercial quantity of Ganja recovered and lack of independent witnesses.
1 provisions across 1 enactments
Dharmendra Singh
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
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