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SANDEEP SHARMA
KESSE GERALD S/O SHRI KESSE – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
ORDER :
1. Bail petitioner, namely, Kesse Gerald, who is a foreign national and is behind the bars since 4.2.2021, has approached this Court for grant of regular bail in case FIR No. 22 of 2021, dated 30.1.2021, under Sections 20, 21 and 29 of Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and under Section 14 of Foreigner Act registered at Police Station Bhuntar, District Kullu, Himachal Pradesh.
2. Pursuant to notice issued in the instant proceedings, respondent-State has filed the status report, perusal whereof reveals that on 3.2.2021 police party, while on patrolling duty near TCP Bajora, District Kullu, (HP) stopped a car bearing Registration No. HP-34C-0671 for checking, Occupants of the car, six in number, got perplexed after having seen the police, as such, police deemed it necessary to effect personal search of the car and its occupants. After having associated independent witnesses, police conducted search and recovered one polythene bag from the dash board of the car containing 55 grams Heroine/Chitta. After completion of necessary codal formalities, police lodged FIR against the occupants of the car, namely, Jayant Sharma and Karan Sharma and arrest
Section 67 of NDPS Act cannot be made basis for registering the case against other person.
Point of Law : Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstance....
Point of Law : Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.
Bail should not be denied solely based on co-accused statements without sufficient evidence; the presumption of innocence persists until proven guilty, emphasizing that the general rule favors bail.
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