CRLA/481/2022
2023 Latest Caselaw 24 UK

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                                COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          IA No. 1 of 2022 (Bail Application)
                                          In
                                          CRLA No. 481 of 2022


                                          Hon'ble Sharad Kumar Sharma, J.

                                                 Mr.    R.S.    Sammal,         Advocate   for   the
                                          appellant.

Mr. T.C. Agarwal, A.G.A. for the State.

The applicant is a convict for his alleged involvement in the commission of offence under Section 8/20 of the NDPS Act, which stood culminated by the judgment of 20.10.2022 and the judgment of sentence dated 29.10.2022, as rendered in Special Sessions Trial No. 29 of 2021, State of Uttarakhand Vs. Khimpal Singh, wherein, the learned Trial Court has found that the applicant was carrying 1.6 kg of charas, which was found to have been placed under the driver seat of the taxi Balero of which he was a driver.

No recovery of the contraband was found from the person of the present applicant. The applicant argues, on the basis of the observations made in the judgment that on the date i.e. 25.12.2020, when the vehicle bearing registration no. UK 02 TA 2020, was apprehended by the Police team at that relevant point of time, there were other co- passengers, who were being carried by the present applicant, as the passengers on the payment of fare. He submits, that the contraband was planted because none of the passenger, who were travelling in the taxi, which was being plied by the present applicant were called for examination by the prosecution. He further submits, that much reliance cannot be placed on the FSL Report for the reason being that at the stage of procedure under Section 313, no question was put to him in relation to the contraband and the effect of FSL report examination, to its effect on the prosecution story for facilitating the conviction of the present applicant. He submits that since no search was conducted and no question was put to him at the stage under Section 313, his conviction itself would be doubtful because according to him, because no recovery could be said to have been made on the person of the present applicant.

In view of the aforesaid fact and even on the perusal of the judgment under challenge, since no finding as such has been recorded, and that any of the passengers have not been examined by the prosecution at the stage of the trial for the purposes of establishment of the commission of offence against the present applicant, the applicant is directed to be released on bail subject to furnishing of his personal bonds and two sureties of the like amount to the satisfaction of the Sessions court concerned, but, however, the release of the applicant would be subject to a condition that he deposits 50% of the penalty amount as imposed upon him by the judgment of sentence dated 29.10.2022.

(Sharad Kumar Sharma, J.) 03.01.2023 Ujjwal