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RAVINDRA MAITHANI
Istkar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicants are in judicial custody in FIR/Case Crime No. 271 of 2023, under Sections 8/20/27A/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Raiwala, District Dehradun. They have sought their release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is the second bail application of the applicants. The first bail application, being BA1 No. 489 of 2024, was dismissed as withdrawn on 22.04.2024.
4. According to the FIR, on 19.12.2023, police intercepted a vehicle and recovered ganja in commercial quantity, which was kept in two bags. In one bag, 9 kg ganja in three packets of 5 kg, 2 kg and 3 kg each were kept and in another bag, 49 kg ganja was kept in 10 packets.
5. Learned counsel for the applicants would submit that it is a false case. According to the FIR, at the time of recovery, recovery memo was prepared in laptop, which was sent to the police station for procuring data, but there is no material to suggest that ever print out was taken at the police station, which was signed at the spot by the witnesses. It is also submit that out of total 13 packets, which were in two
The prosecution must prove that the sample taken from recovered narcotics is representative of the total quantity to establish possession beyond reasonable doubt.
A representative sample is essential for establishing possession of narcotic substances under the Narcotic Drugs and Psychotropic Substances Act, and failure to provide such a sample can lead to the ....
The necessity for the prosecution to provide a representative sample in narcotics cases to establish possession beyond reasonable doubt.
The prosecution must provide clear and representative evidence that all recovered narcotic substances contain the narcotic in question to establish possession beyond reasonable doubt.
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.
The court established that in bail proceedings, the sufficiency of evidence and procedural integrity are critical factors in determining whether to grant bail, particularly in cases involving narcoti....
Possession of narcotics exceeding the commercial quantity under the Narcotic Drugs and Psychotropic Substances Act is a critical factor in denying bail.
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
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