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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Thakur Sarkar - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 188 of 2023
Decided On : 20-01-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Non-commercial quantity of Charas and Ganja - Applicant falsely implicated - Case fit for bail
Fact of the Case:
Applicant sought release on bail in a case under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, involving recovery of non-commercial quantity of Charas and Ganja from the applicant.
Finding of the Court:
The Court found that the applicant, a 60-year-old grocery shop keeper with no criminal antecedent, had been falsely implicated and that there was non-compliance of the provision of the Act. The Court considered the lack of criminal history and granted bail to the applicant.
Issues: Falsely implicated in possession of narcotics, non-compliance of the provision of the Act, fitness for bail
Ratio Decidendi: The Court's decision was influenced by the lack of criminal antecedent, the non-compliance of the provision of the Act, and the view that the case was fit for bail.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
JUDGMENT
Ravindra Maithani, J. - Applicant-Thakur Sarkar is in judicial custody in FIR No.200 of 2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act'), Police Station Dineshpur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
3. According to the FIR, on 06.12.2022 non-commercial quantity of Charas and Ganja was recovered from the applicant.
4. It is the case of the applicant that he has been falsely implicated; he is 60 years of age; he is a grocery shop keeper and he has no criminal antecedent. There has been non-compliance of the provision of the Act.
5. Learned State Counsel would submit that the applicant has no criminal history, as per rejection order.
6. Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
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Prolonged detention without trial and lack of witness examination can justify the granting of bail, even in cases involving serious charges under the Narcotic Drugs and Psychotropic Substances Act.
The court's decision was based on the assessment of the case as fit for bail, considering the lack of previous conviction and the arguments presented by the applicant.
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