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RAKESH THAPLIYAL
Chatra Pal Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. Present applicant is seeking regular bail in relation to FIR No. 08 of 2023 wherein he has been implicated for the offences punishable under Section 8, 20, 60 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”) registered at Police Station – Salt, District – Almora.
2. As per the prosecution case, an FIR was lodged by the complainant on 03.03.2023 with allegations that when the Police team was on routine patrolling at around 14.10 p.m., they saw a vehicle pickup bearing registration no. U.P. 22 AT 8604 coming from Jhimar side and asked it to stop. On seeing the police team, the applicant and other accused halted the vehicle 10 steps back from the place where police was present. Then on enquiry, accused did not give any satisfactory reply and while on checking the vehicle, sacks and bags were recovered and when they were opened green colour flowery substance comprising seeds purported to be ganja was recovered from four sacks (from two khakee plastic bags 12.66 Kg and 14.195 Kg; from blue and white coloured bag 21.625 Kg of contraband was recovered and from black and white coloured bag 20.545
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, despite the commercial quantity of drugs involved.
The court established that procedural non-compliance under the NDPS Act can lead to bail being granted, especially when the accused has no prior convictions and has faced prolonged detention.
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, overriding statutory restrictions.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The main legal point established in the judgment is that substantial custody, arguable points on merits, and the period of custody are crucial factors in granting bail in cases involving commercial q....
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