DEEPAK SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Second Bail Application has been filed for grant of regular bail in connection with the First Information Report No.81 of 2021, registered with Police Station Muni-ki-Reti, District Tehri Garhwal, for the offence under Sec. 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "Act, 1985').

(2.) The First Bail Application No.360 of 2022 was rejected by the Co-ordinate Bench on 12/10/2022.

(3.) Facts, to the limited extent necessary, are that on 2/10/2021, Sub-Inspector Vikas Shukla along with other police personnel, were present for a checking in the area of their Police Chowki, where he received a secret information that two persons are coming in a Maruti Zen car, bearing Registration No.UA07-4014 carrying "Charas', and, they can be apprehended, if raid is conducted. Accordingly, a raid was conducted. The said vehicle was intercepted. The police party found that two persons were sitting in the said car. The present applicant was sitting on the seat next to the driver. On enquiry, they disclosed their names and addresses. They disclosed that they were carrying Charas. Sub-Inspector Vikas Shukla apprised their legal rights whether they wish to be searched in the presence of a Magistrate or a Gazetted Officer. The present applicant gave his consent for being searched before any Officer. At about 20.08 hrs, Mr. R.K. Chamoli, Circle Officer of Police, Narendra Nagar, was informed by Sub-Inspector Vikas Shukla on his mobile number 9411112788. After twenty minutes, Mr. R.K. Chamoli came at the spot. A search was conducted in his presence. Charas was recovered from the personal search of the present applicant. On weighing, the weight of Charas recovered from the present applicant was found to be 1 kg 170 grams. The said car was also searched. During the search of the said car, an electronic scale was recovered. In spite of an endeavour, no public witness could be secured. Videography was also done on the spot. The said recovered contraband was sent to the Forensic Science Laboratory for chemical examination. After completion of the investigation, charge-sheet was filed.