IQLAS KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.0162 of 2019, registered with Police Station Prem Nagar, District Dehradun, for the offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act, 1985').

(2.) Facts, to the limited extent necessary, are that on 17.08.2019, when the informant Navneet Singh Bhandari, Sub Inspector, along with other police personnels were on routine checking in the area of Police Station Prem Nagar, District Dehradun, received a secret information in respect of a person carrying a bag, who was coming from Selakui. In spite of an endeavour, no independent witness could be secured. The police party went towards Sighniwala. The applicant was apprehended. At that time, a plastic bag was in his hand. On interrogation, he revealed his name and address. He disclosed that he was carrying Smack from Bareilley to sell it. Mr. Shekhar Chandra Suyal, Circle Officer of the Police, was informed by the informant on mobile phone and in the presence of him, search was conducted. During this search, the present applicant was found to be in possession of Smack (Diacetylmorphine), which was put in his hand bag. The electronic weighing machine was brought by Constable Brij Mohan. The recovered contraband Smack was weighed on the spot and same was found 320 Gram. Thereafter, the recovery memo was prepared. The applicant was arrested at 09.50 hrs. The recovered contraband produced before the court concerned and the whole recovered contraband was sent to the Forensic Science Laboratory, Dehradun. According to the report of Forensic Science Laboratory dated 05.10.2019, the tested material was Smack (Diacetylmorphine). The charge sheet was submitted after investigation.

(3.) Heard Mr. Karan Anand, the learned counsel for the applicant and Mr. S.S. Adhikari, learned A.G.A. assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State through video conferencing.