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RAVINDRA MAITHANI
Sompal – Appellant
Versus
State of Uttarakhand – Respondent
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 relea
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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