This court allowed a first bail application filed by an applicant accused of offenses under Sections 8/20 of the NDPS Act. The court held that the applicant deserves bail at this stage without expressing an opinion on the final merits.
Bail allowed on personal bond and two sureties of like amount.
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 |
|---|---|---|---|
| BAI No. 346 of 2022 Hon’ble N.S. Dh an ik , J . Mr. Vinod Sharma, learned counsel for the applicant. Mr. Amit Bhatt, learned Deputy Advocate General for the State of Uttarakhand. Heard learned counsel for the parties. This is first bail application moved on behalf of the applicant seeking regular bail in connection with Case Crime No. 27 of 2021 for the offence punishable under Sections 8/ 20 of N.D.P.S. Act registered at P.S. Narendra Nagar, District Tehri Garhwal. I t is argued by learned counsel for the applicant that the applicant has been falsely implicated; that the applicant has no criminal history; and that he is languishing in jail since 24.12.2021. He further argued that mandatory provisions of NDPS Act have not been complied with; and that the_contraband_has been allegedly recovered is below the commercial quantity. Learned State Counsel argued that in compliance of order dated 21.02.2022 passed by a Co-ordinate Bench of this Court, it is reported that the weight of the contraband is 898 grams and apart of it, 100 grams of contraband was taken as sample to FSL, however, the total amount of contraband is 998 gram, which is below the commercial quantity too. Hefurtheradmits that the applicant |
| has no criminal history. |
|---|
| Considering the facts and |
| circumstances of the case, without |
| expressing any opinion as to the final |
| merits of the case, this Court is of the |
| view that the applicant deserves bail at this stage. The bail application is allowed. Let the applicant be released on |
| bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. All pending applications stand disposed of, if any. |
( N.S. Dhan ik , J.) 04.04.2022 SB |
2 issues framed by the court
Whether the applicant deserves bail at this stage in a case involving a quantity of contraband below commercial quantity despite the dispute over total weight.
Whether the mandatory provisions of the NDPS Act have been complied with given the allegation of false implication.
1 provisions across 1 enactments
Applicant
State of Uttarakhand
N. S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
