HARDEEP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is the second bail application, preferred by the applicant, seeking bail, for the offence for which he has been languishing in jail for the commission of offence under Section 818, Narcotic Drugs and Psychotropic Substances Act, which has been registered as FIR No. 154 of 2018 at Police Station Rudrapur, District Udham Singh Nagar.

(2.) At the time when the 1st bail application was argued, the precise argument of the learned counsel for the applicant, then was with regards to non compliance of the provisions contained under Section 57, as well as, Section 41-B of the Code of Criminal Procedure. While dealing with the aforesaid argument, the same was answered by this Court in the light of the pronouncements of the Hon'ble Apex Court as to at what stage the impact of non-compliance of the provisions contained under Sections 57 and 41-B of Cr.PC is to be taken into consideration and in the light of the judgement of the Hon'ble Apex Court, it was then held that it could be taken into consideration at the stage when the trial is being conducted and its impact in the proceedings due to non-compliance of Section 57 and 41-B of Cr.PC.

(3.) The present 2nd Bail Application is being argued on the ground that firstly, the contrabanded article, which was recovered from the applicant was 880 grams which was reported to be opium, and it was specified to be an opium and the recovered quantity of which happens to be less than the commercial quantity, as it has been specified in table as framed under Section 2 sub Clause vii(a) and xxiii(a), wherein according to the entry 92 as given therein, the commercial quantity of the opium has been defined to be 2.5 kg. therein and secondly, the applicant is languishing in jail since 30.03.2018, now almost more than 1- 1/2 year has passed. He has further submitted that there is no criminal antecedent(s) against the present applicant in knowledge as of now.