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RAVINDRA MAITHANI
Harish Bisht – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
Applicant is in judicial custody in FIR/Case Crime No. 03 of 2024, under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Satpuli, District Pauri Garhwal. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 05.03.2024, the police were on patrolling duty, they were checking the vehicle, a car driven by the applicant reached at the spot, in the front passenger seat, the applicant has kept a bag. The Bag had 21 Kg. ganja in it. According to the FIR, from the rear seat also 9.400 Kg. ganja was also recovered from the co-accused.
4. Learned counsel for the applicant would submit that, in fact, the exact weight of the contraband is not given in the FIR. It is highly improbable that a person while driving a vehicle would hold something with his hand. The co-accused has already been granted bail.
5. Learned State counsel would submit that the weight of the recovered article was done in the court and as per report, it was 20 kg. and 220 gram ganja that was recovered from the applicant. Out of which, 200 gram sample was sent for analysis.
Possession of narcotics exceeding the commercial quantity under the Narcotic Drugs and Psychotropic Substances Act is a critical factor in denying bail.
The court emphasized the cumulative conditions for bail under the NDPS Act, requiring reasonable grounds for believing the accused is not guilty and not likely to re-offend.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
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.
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