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ALOK KUMAR VERMA
Narayan Singh Bisht – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Second Bail Application has been filed for grant of regular bail in connection with the Case Crime No.212 of 2019, registered at police station Lalkuan, District Nainital under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
2. First Bail Application (BA1 No.2787 of 2019) was rejected on 27.02.2020.
3. As per the case of the prosecution, Sub-Inspector Jagbir Singh, informant, was busy in patrolling duty along with other police personnel on 10.11.2019. Applicant came there on Scooty No.UK04-Z 2273 without a helmet. Applicant was apprehended by the police party. He was directed to show the papers of the scooty. Applicant opened the dikki of the scooty from which 1 Kg.720 grams Charas was recovered. In spite of an endeavour, no independent witness could be secured. Applicant was arrested at 18.35 hrs.
4. Heard Mr. Lalit Sharma, learned counsel with Mr. Karan Singh Dugtal, leaned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.
5. This Court is informed by learned counsel for the parties that the charge-sheet was filed on 22.02.2020 and charge was framed on 06.03.2021.
The grant of conditional liberty must override the statutory embargo created under the NDPS Act when considering bail applications.
Point of Law : Narcotic Substances - Gant of Bail - Section 2 (vii- a) of Act, 1985, "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity "greater than....
The fundamental right to personal liberty under Article 21 of the Constitution of India should override the statutory embargo created under the NDPS Act in cases of prolonged incarceration.
The stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances under the Act, 1985, and the restrictions on granting bail for offences in....
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during investigation is to secure their attendance, not punishment.
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