Sukhvindar Singh Alias Chindar Singh vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 33

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sukhvindar Singh Alias Chindar Singh - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 153 of 2023
Decided On : 16-01-2023

Advocates appeared:
Pooran Singh Rawat, Advocate, Lalit Miglani, Advocate, Sangeeta Bhardwaj, Advocate

Headnote:
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Charas - Applicant named based on co-accused's statement - Case fit for bail
Fact of the Case:

Applicant sought release on bail in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985, where Charas was recovered from co-accused, who named the applicant as the source of the Charas.
Finding of the Court:

Court found that the co-accused had already been granted bail, the applicant was named based on the co-accused's statement, and there was no other material. Court concluded that it was a fit case for bail and granted the applicant's release on bail.
Issues: Bail application in a case involving recovery of Charas and naming of the applicant based on co-accused's statement.
Ratio Decidendi: The court considered the lack of dispute on the factual aspects, including the naming of the applicant based on the co-accused's statement, and found it to be a fit case 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 Sukhvindar Singh alias Chindar Singh is in judicial custody in FIR No.124 of 2022, under Sections 8/20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'), Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 23.08.2022, Charas in commercial quantity was recovered from the co-accused. During investigation, it was revealed that, in fact, the co-accused revealed the name of the applicant as a person, from whom, they purchased the Charas.

4. It is argued that the co-accused from whose possession the contraband was recovered had already been granted bail; the applicant has been named based on the statement of the co-accused; there is no other material.

5. These factual aspects are not disputed by the State counsel.

6. Having considered, this Court is of the view that it is a case fit for bail and 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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