BA2/95/2013 of Anil Chauhan Vs State Of Uttarakhand
Parties
- Anil Chauhan .….…… Accused/Applicant (in jail (PETITIONER)
- State of Uttarakhand ………. Opposite party (RESPONDENT)
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Statutes cited (4)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALOriginal Jurisdiction
Dated: Nainital the 8th Day of August, 2013
2[nd] Bail Application No. 95 of 2013
Order on the Bail Application:
CRIMINAL SIDE
Anil Chauhan .….…… Accused/Applicant (in jail) versus
State of Uttarakhand ………. Opposite party
Case Crime No. 280 of 2012 Under Sections 8/20 N.D.P.S. Act Police Station – Vikas Nagar District – Dehradun
Mr. Parikshit Saini, Advocate for the applicant.
Mr. M.A.Khan, learned AGA, assisted by Ms. Meena Vohara, Brief Holder, present for the State.
Hon’ble U.C.Dhyani, J.
Applicant Anil Chauhan, who is in jail in connection with crime no. 280 of 2012, relating to offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Act, 1985, Police Station Vikas Nagar, District Dehradun, has sought his release on bail. This is the 2[nd] Bail Bail Application of the applicant. His 1[st]Application was dismissed as withdrawn vide order dated 12.07.2013 of this Court.
2. first information report was lodged against the accused-applicant on 06.12.2012, in PS Vikas Nagar, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is
alleged that 1 kg. & 50 gms of charas(cannabis) and 16 drugs papers were found from the possession of the accused at Kulal Check Post within the jurisdiction of PS Vikas Nagar, District Dehradun.
3. Learned counsel for the applicant placed reliance upon the ruling of Kishan Chand vs. State of Haryana, 2013 (2) SCC 502, judgments rendered by this Court in Criminal Appeal No. 70 of 2008 Smt. Prema Shah vs. State of Uttarakhand, Criminal Appeal No. 265 of 2011 Sanjay Garg vs. State of Uttarkhand and Orders passed in 1[st] Bail Application No. 205 of 2013 Abdul Zahir vs. State of Uttarakhand & 1[st] Bail Application No. 625 of 2013 Mohar Singh vs. State of Uttarakhand, to show that the provision of Section 42(1) of the NDPS Act, 1985, which ought to have been complied with by the Police, has not been complied with in the instant case.
4. Learned counsel for the State, on the other hand, placed reliance upon Section 37 (1) (b) (ii) of the NDPS Act, 1985 and submitted that where the Public Prosecutor opposes the bail application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and, that he is not likely to commit any offence while on bail, only then the accused shall be released on bail. This Court is unable to believe and hold the same at this stage.
5. No case of bail is made out in favour of the accused-applicant at this stage. The Bail Application is, accordingly, dismissed.
(U.C.Dhyani J.)
08.08.2013
Kaushal