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RAKESH THAPLIYAL
Jagjeet Singh @ Jaggu – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. The present applicant is seeking bail in relation to FIR No.114 of 2023, for the offences punishable under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”), Police Station Rudrapur, District Udham Singh Nagar.
2. The brief facts of the case are that on 20.02.2023, the complainant Sub-Inspector Mahesh Kandpal lodged the first information report that when he was on patrolling duty with police party near grocery shop at Bindukhera, owned by the present applicant, after seeing the patrolling party, the people standing near the shop started running. When the complainant Sub-Inspector inquired about this, the applicant accepts the guilt and told that he is carrying contraband (medicine). The alleged contraband (medicine) was admittedly is a commercial quantity.
3. It is submitted by the learned counsel for the applicant that the recovery was planted and the present applicant has been falsely implicated and the only evidence against the present applicant is the confessional statement of the present applicant which is hit by Section 25 of the Evidence Act, as the same cannot be read as agains
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.
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, despite the commercial quantity of drugs involved.
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 court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
Bail under the NDPS Act is subject to the twin conditions of reasonable grounds for believing the accused is not guilty and not likely to commit an offence while on bail.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to reoffend.
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, overriding statutory restrictions.
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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