(1.) This bail application has been filed for grant of regular bail in connection with FIR No.33 of 2020, registered with Police Station Ramnagar, District Nainital for the offence under Section 8/20 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 18.01.2020, Ravi Kumar Saini, Station House Officer of Kotwali, Ramnagar, District Nainital along with SubInspector Prakash Singh Mehra and others police personnel were present for a routine-check in the area of Utpadav and Khatari, where he received a secret information that a person is going to Delhi in a Swift Dzire car of white colour carrying huge quantity of "Ganja" and he can be apprehended if raid is conducted. Accordingly, a raid was conducted. At about 23.30 hrs., the police party found one person sitting in the car, bearing registration No. DL8CAD4173. On enquiry, he disclosed his name as Parvez, aged about 27 years, present applicant-accused. There was a smell of Ganja in the car. The present applicant informed the Police that he purchased "Ganja" from one Jagat Singh and now he was going to Delhi to sell it. The Station House Officer apprised him that they intend to search him and whether he wishes to be searched in the presence of a Magistrate or a Gazetted Officer. At about 23.44 hrs., Mr. Pankaj Gairola, the Circle Officer of Police, Ramnagar, was informed by the SubInspector Prakash Singh Mehra on his mobile phone. Constable Mehaboob Ali was sent to the police station to bring weighing scale. In spite of an endeavour, no public witness could be secured. Mr. Pankaj Gairola, the Circle Officer of Police, Ramnagar, came at the spot at around 24.00 hrs. Mr. Pankaj Gairola, the Circle Officer, gave an option in writing to the applicant, whether he wanted to give personal search before a Magistrate or any other Gazetted Officer. The applicant gave his consent for being searched before him. Accordingly, a search was conducted in his presence. Mr. Mehaboob Ali, brought weighing scale from the police station. During the search of the car, six bags were found. The bags were opened. They found dry leaves of Bhang (Ganja) in the bags. On weighing, the first bag was containing 18 kg. 600 gms. of contraband. The second bag was containing 11 kg. 700 gms. of contraband. The third bag was containing 15 kg. 300 gms. of contraband. The fourth bag was containing 12 kg. 170 gms. of contraband. The fifth bag was containing 14 kg. 400 gms. of contraband and the sixth bag was containing 8 kg. 200 gms. of contraband. Total weight of the contraband found was 80 kg. 370 gms. The applicant was arrested. The recovered contraband were sealed. The car and the recovered contraband were taken into possession vide recovery memo. An FIR was lodged by Mr. Ravi Kumar Saini, the Station House Officer. Six samples of 250 gms. each were taken before the Court concerned. These samples so taken were sent to the Chemical Examiner, who found the same to be "Ganja". After completion of the investigation, charge-sheet is submitted.
(3.) Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Vinay Bhatt, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State through video conferencing.