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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Sompal - Applicant
Versus
State of Uttarakhand - Respondent
First Bail Application No.2430 of 2023
Decided On : 14-03-2024
BAIL - NARCOTIC DRUGS - The court analyzed the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which governs bail in cases involving commercial quantities of narcotics. The court emphasized that bail can only be granted if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offenses. The court found no grounds for bail due to the nature of the offense and the compliance with procedural requirements, leading to the rejection of the bail application.
Fact of the Case:
Sompal, the applicant, is in judicial custody for allegedly possessing 265 grams of smack, a narcotic substance, as per FIR/Case Crime No. 329 of 2023. He sought bail, claiming procedural non-compliance due to a delay between search and seizure.
Finding of the Court:
The court found that the delay in the police's actions did not constitute a violation of the law, as all mandatory procedures were followed. The court noted that the recovery involved a commercial quantity of narcotics, which is subject to strict bail provisions.
Issues: Whether the applicant is entitled to bail under the provisions of the Narcotic Drugs and Psychotropic Substances Act, considering the nature of the offense and compliance with legal procedures.
Ratio Decidendi: The court applied Section 37 of the Narcotic Drugs and Psychotropic Substances Act, which requires the court to be satisfied that the accused is not guilty and not likely to commit further offenses before granting bail in cases involving commercial quantities of narcotics.
Result: The bail application was rejected due to the serious nature of the offense and the absence of grounds for believing the applicant was not guilty.
JUDGMENT :
Ravindra Maithani, J.
Applicant Sompal is in judicial custody in FIR/Case Crime No. 329 of 2023, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Doiwala, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 23.10.2023, 265 gram smack was recovered from the possession of the applicant.
4. Learned counsel for the applicant would submit that there is two hours delay between the search and the seizure; it is a case of non compliance of the provisions of the Act; the applicant is in custody since 23.10.2023.
5. Learned State counsel would submit that it is a case of recovery of commercial quantity of the smack. All mandatory compliance has been done.
6. It is a case of recovery of commercial quantity of smack from the applicant. In such cases, bail is governed by the provisions of Section 37 of the Act. According to it, unless the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such an offence and he is not likely to commit any offence while on bail, the accused shall not be released on bail.
7. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
8. The FIR records that the police had received an information at 4:00 PM. The suspected persons alighted from a bus at 4:12 PM. He was intercepted at 4:20 PM. Senior Police Officers were called, who reached at the spot at 6:40 PM. Thereafter, after recovery, the applicant was arrested at 7:25 PM. It cannot be said that there was any delay in the matter.
9. Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected.
10. The bail application is rejected.
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....
The significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
Possession of less than commercial quantity of narcotics can be a factor in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The court's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
The court's decision was based on the assessment of the case as fit for bail, considering the lack of previous conviction and the arguments presented by the applicant.
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