Balwant Ram vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Balwant Ram is in judicial custody in Case Crime No. 45 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Tharali, District Chamoli. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 27.11.2023, 1030 gram charas was allegedly recovered from the possession of the applicant.

Learned counsel for the applicant would submit that 100 gram sample was sent to the Forensic Science Laboratory (“FSL”), but as per FSL report it was 92 grams. He would submit that if the contraband was 8 grams less out of 100 grams. In the same analogy, there would be 80 gram less in the 1000 grams, which was allegedly recovered from the applicant, which is less than commercial.

Learned State counsel would submit that it is a case of chance recovery. Commercial quantity of charas was recovered from the possession of the applicant.

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.

According to the prosecution, commercial quantity of charas was suddenly recovered from the possession of the applicant. Even if, the weight of the sample was 8 gram less than what was stated by the police. By the same analogy, the entire weight of recovered article, may not be reduced. This aspect may fall for scrutiny during investigation.

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.

The bail application is rejected.