Uttarakhand High Court
BA1/1519/2013 of Sharavan Singh Rawat Vs State Of Uttarakhand on 31 December 2013
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 31st day of December 2013 First Bail Application No. 1519 of 2013 Criminal Side Sharavan Singh Rawat S/o Trilok Singh Rawat R/o Village Jamriya Post Beerokhal District Pauri Garhwal ……...Applicant ( in
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 31[st] day of December 2013First Bail Application No. 1519 of 2013
Criminal Side
Sharavan Singh Rawat S/o Trilok Singh Rawat R/o Village Jamriya Post Beerokhal District Pauri Garhwal
……...Applicant ( in Jail)
Versus
State of Uttarakhand
…..….Opposite Party
Arising out of FIR 12 of 2013 Under Section: 8/20 N.D.P.S. ActChallani Police Station SaltDistrict Almora _____________________________________________________________________
Hon’ble V.K. Bist, J.
Mr. B.S. Bhandari, Advocate, present for the applicant.
Mr. M.A. Khan, A.G.A, with Ms. Sangeeta Miyan, Brief Holder, present for the State.
Heard.
Applicant‐ Sharavan Singh Rawat who is in jail in connection with FIR No. 12 of 2013 relating to offence punishable under section 8/20 of Narcotic Drugs and Psychotropic Substances (for short N.D.P.S.) Act, registered at Challani Police Station Salt, District Almora, has sought his release on bail.
It is contended by learned counsel for the applicant that four bags were recovered from the vehicle. It is also alleged that recovery was shown from three persons including the present applicant. It is also contended that if the amount of contraband is divided into three, same will be less than the commercial quantity. It is further submitted that there is no eye witness of alleged recovery. Lastly, it is contended that provision of N.D.P.S. Act have not been complied and no search was made in front of the Gazetted Officer.
In most of the cases this Court finds that in the FIR it is mentioned that accused was asked for search of his person in the presence of Gazetted Officer or Magistrate, and in all those cases accused asked the police party that he does not want to get his search done in front of the Magistrate as he has already been caught by the police party. In such cases, prima facie, I am of the view that it is duty of the police to comply with the provisions of the Act.
Considering the totality of the facts and circumstances of the case, and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.
The bail application is allowed. Let applicant Sharavan Singh Rawat be released on bail on executing personal bond and furnishing two sureties each of like amount to the satisfaction of the Magistrate concerned. It is made clear that observation made in the order shall not influence the trial in any manner.
N.P