RAVI KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant-Ravi Kumar is in judicial custody in connection with FIR/Case Crime No.0067 of 2020, u/s 8/20/60 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') registered at P.S. Dharasu, District Uttarkashi.

(2.) As per the FIR on 12.12.2020 at about 18:57 hours, S.O. Vinod Prasad Thapliyal along with other police personnel was busy on routine checking of the vehicles; when they reached at Peepalmandi by-pass, the informer informed them that a person was coming from Chiniyalisaur Bazar by a vehicle bearing registration No.UK07-V-5720 towards Uttarkashi; on this information the police personnel apprehended the accused and after taking search, 3.840 Kg. of illegal Charas was recovered from the said vehicle; accordingly, recovery memo was prepared at the spot.

(3.) It is argued that the accused has been falsely implicated; he is languishing in jail since 12.12.2020; there is no criminal history; as per the recovery memo, the police party had prior information about the vehicle, in spite of that, the police party did not comply with the provisions of Sections 42, 50 of the NDPS Act as well as Section 100 Cr.P.C.; accordingly, the accused is entitled for bail in view of the law laid down by the Apex Court in the case of Buta Singh vs. State of Haryana , 2021 AIR(SC) 1913; and he further submitted that the police party had sufficient time to record the information but neither they recorded the information nor obtained any warrant from the competent court.