Hukum Singh Danu vs State Of Uttarakhand

Ravindra Maithani, J

Rejoinder Affidavit is taken on record. Miscellaneous Application, IA No.2 of 2024, stands disposed of, accordingly.

Applicant Hukum Singh Danu is in judicial custody in FIR No.0001 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Tharali, District Chamoli. He has sought his release on bail.

According to the FIR, on 04.01.2023, 9.402 Kgs charas was recovered from the applicant, which he was holding in a bag.

Learned counsel for the applicant would submit that the trial is much delayed; the applicant is in custody since the date he was arrested; there are 13 witnesses, but only one witness has yet been examined; the prosecution has sought 8 adjournments.

Learned State Counsel would submit that the chargesheet in the matter was submitted on 27.06.2023; it is a case of recovery of commercial quantity of charas.

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 proceeding.

According to the prosecution, huge quantity of charas was allegedly recovered from the applicant, which is 9.402 Kgs. It was recovered from a bag, which the applicant was holding.

In the cases like the instant one, the bail is governed by the provisions of Section 37 of the Act. Bail, in such matters, is not granted, unless there are reasons to believe that the accused has not committed any offence or if released, there are less chances of repeat offence.

On behalf of the applicant, nothing has been shown, which may, at this stage, make this Court to believe that the applicant has not committed any offence.

Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.