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RAVINDRA MAITHANI
Sher Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Sher Singh is in judicial custody in FIR No.01 of 2022, under Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances, 2012 ('the Act'), Police Station-Lalkuan, District- Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 31.12.2022, late in the evening, the applicant was intercepted when he was driving a motorcycle. The applicant tried to run away, but, he was apprehended. He revealed that he had smack. He was given an option under Section 50 of the Act. Thereafter, when search was made before a Gazetted Officer, it is the prosecution case that 316 grams smack was recovered from the applicant.
4. Learned counsel for the applicant would submit that the case is false; the applicant has no previous criminal history; it is a case of non-compliance of Section 50 of the Act; there is no independent witness; there is no photograph of the alleged recovery; the case becomes false even on the basis of the fact that according to the police, they wrote the recovery memo in the head light of a vehicle as well as with the help of a torch. It is argued that suc
The significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
Bail in cases involving commercial quantities of narcotics is strictly governed by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, requiring the court to find reasonable grounds for....
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
The court's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
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