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Judgment
Alok Kumar Verma, J
This bail application has been filed for grant of regular bail in connection with Case Crime No.04 of 2020, registered with Police Station-Reetha
Sahib, District Champawat for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to
as, “the Act, 1985â€).
On 30.10.2020 at 01.10 hrs., the informant Sub-Inspector Kundan Singh Rathore lodged an F.I.R. against the present applicant. According to the
F.I.R., on 29.10.2020, the informant, Sub-Inspector Kundan Singh Rathore alongwith other police personnel were present for routine-check at Sisini
Tiraha (trijunction). The police party saw the applicant. He had a bag. On seeing the police party, the applicant tried to return back. On suspicion, he
was apprehended by the police at 22.05 hrs. The applicant was searched. The bag was recovered from his possession. The said bas was opened. One
kilogram charas was found in his bag.
Heard Mr. B.M. Pingal, the learned counsel for the applicant and Mr. Ranjan Ghildiyal, learned A.G.A. for the State through Video Conferencing.
The learned counsel for the applicant submitted that the applicant has been implicated in the present matter; he is an innocent person; there was no
public witness of alleged recovery; the provisions of Section 50, 52-A, 56 and 57 of Act, 1985 were not complied with; the alleged recovery of
contraband was less than commercial quantity; the applicant has no criminal history; he is in custody since 29.10.2020; he is a permanent resident of
District Nainital and charge sheet has already been filed, therefore, there is no chance of tampering with the evidence.
According to the Entry no.23 of the Table of the Notification of the Central Government, the recovery of one kilogram or above Charas, falls within
the preview of commercial quantity. However, according to Section 2 (vii-a) of the Act, 1985, “commercial quantityâ€, in relation to narcotic drugs
and psychotropic substances, means any quantity “greater than†the quantity specified by the Central Government by notification in the Official
Gazette. Section 2 (vii-a) of the Act, 1985 shall prevail over the notification. Therefore, the applicant was not found in possession of commercial
quantity of charas.
The learned Counsel appearing for the State opposed the bail application, however, he fairly conceded that the applicant has no criminal history and
the recovered charas was less than commercial quantity.
Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of
keeping the accused person in detention during the investigation or trial is not punishment. The main purpose is manifestly to secure the attendance of
the accused.
Having considered the submissions of the learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to
keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits of the case, this Court is of the
view that the applicant deserves bail at this stage.
The bail application is allowed.
Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the
satisfaction of the court concerned with the following conditions :-
i) The applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for
cancellation of bail.