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2021 Supreme(UK) 23
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Mohd. Parvez S/o Abdul Rehman – Appellant
Versus
State of Uttarakhand – Respondent
First Bail Application No. 772 of 2020
Decided On : 21-05-2021
Advocate Appeared:
For the Appellants : Mr. T.A. Khan, Mr. Vinay Bhatt.
For the Respondent: Mr. V.K. Jemini.
Point of law: Rejection of bail - Possession of drugs - Applicant was involved - No reason is found to implicate the applicant. Therefore, there is no good ground to release the applicant-accused on bail at this stage.
Headnote:
Bail – Narcotic Drugs and Psychotropic Substances Act, 1985, Sec. 8/20 – FIR registered under – Regular bail – Grant of – Application for – Recovered contraband was 80 kgs. 370 gms. – Investigation – Completion of – Charge-sheet submitted —Perusal of evidence, collected during the investigation, it prima facie appears that applicant involved in this offence – No good ground to release the applicant-accused on bail at this stage —Bail application rejected. (Paras 2 and 25)
tekur & Lokid vkS"kf/k ,oa eu%izHkkoh inkFkZ vf/kfu;e] 1985] /kkjk 8@20 & ds vUrZxr izFke lwpuk fjiksVZ iathÑr & fu;fer tekur & iznku djus & ds fy, izkFkZuki= & cjken fofuf"k) inkFkZ 80 fdxzk- 370 xzke gS & vUos"k.k & dh lekfIr & vkjksii= izLrqr fd;k x;k & vUos"k.k ds nkSjku ,df=r fd;s x;s lk{; ds voyksdu ls] izFke n`“V;k ;g izrhr gksrk gS fd izkFkhZ bl vijk/k esa vUrxzLr gS & bl izØe ij izkFkhZ@vfHk;qDr dks tekur ij fjgk djus ds fy, dksbZ vPNk ¼mfpr½ vk/kkj ugha & tekur izkFkZuki= vLohÑrA ¼izLrj 2 ,oa 25½
JUDGMENT :
ALOK KUMAR VERMA, J.
1. This bail application has been filed for grant of regular bail in connection with FIR No. 33 of 2020, registered with Police Station Ramnagar, District Nainital for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act, 1985”).
2. Facts, to the limited extent necessary, are that on 18.01.2020, Ravi Kumar Saini, Station House Officer of Kotwali, Ramnagar, District Nainital along with Sub-Inspector Prakash Singh Mehra and others police personnel were present for a routine-check in the area of Utpadav and Khatari, where he received a secret information that a person is going to Delhi in a Swift Dzire car of white colour carrying huge quantity of “Ganja” and he can be apprehended if raid is conducted. Accordingly, a raid was conducted. At about 23.30 hrs. the police party found one person sitting in the car, bearing registration No. DL8CAD4173. On enquiry, he disclosed his name as Parvez, aged about 27 years, present applicant-accused. There was a smell of Ganja in the car. The present applicant informed the Police that he purchased “Ganja” from one Jagat Singh and now he was going to Delhi to sell it. The Station House Officer apprised him that they intend to search him and whether he wishes to be searched in the presence of a Magistrate or a Gazetted Officer. At about 23.44 hrs., Mr. Pankaj Gairola, the Circle Officer of Police, Ramnagar, was informed by the Sub-Inspector Prakash Singh Mehra on his mobile phone. Constable Mehaboob Ali was sent to the police station to bring weighing scale. In spite of an endeavour, no public witness could be secured. Mr. Pankaj Gairola, the Circle Officer of Police, Ramnagar, came at the spot at around 24.00 hrs. Mr. Pankaj Gairola, the Circle Officer, gave an option in writing to the applicant, whether he wanted to give personal search before a Magistrate or any other Gazetted Officer. The applicant gave his consent for being searched before him. Accordingly, a search was conducted in his presence. Mr. Mehaboob Ali, brought weighing scale from the police station. During the search of the car, six bags were found. The bags were opened. They found dry leaves of Bhang (Ganja) in the bags. On weighing, the first bag was containing 18 kg. 600 gms. of contraband. The second bag was containing 11 kg. 700 gms. of contraband. The third bag was containing 15 kg. 300 gms. of contraband. The fourth bag was containing 12 kg. 170 gms. of contraband. The fifth bag was containing 14 kg. 400 gms. of contraband and the sixth bag was containing 8 kg. 200 gms. of contraband. Total weight of the contraband found was 80 kg. 370 gms. The applicant was arrested. The recovered contraband were sealed. The car and the recovered contraband were taken into possession vide recovery memo. An FIR was lodged by Mr. Ravi Kumar Saini, the Station House Officer. Six samples of 250 gms. each were taken before the Court concerned. These samples so taken were sent to the Chemical Examiner, who found the same to be “Ganja.” After completion of the investigation, charge-sheet is submitted.
3. Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Vinay Bhatt, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State through video conferencing.
4. Mr. T.A. Khan, the learned Senior Advocate submitted that the applicant is an innocent person; he has been implicated; nothing has been recovered from his private vehicle; the alleged recovered article was “Bhang” and the possession of “Bhang” has been excluded from the purview of the Act, 1985.
5. In support of the said submissions, the learned Senior Advocate relied upon the judgment of Bombay High Court in Madhukar vs. State of Maharashtra, (2002) 104 Bom. L.R. 908, the judgment of Punjab and Haryana High Court in Arjun Singh vs. State of Haryana, 2005 Cri. L.J. 253, the judgment of Karnataka High Court in Criminal Petition No. 7672 of 2015
