Headnote
AI-drafted · Reviewed and approved
The petitioner, Tilak Raj, who had been in custody since 19.05.2023, filed a petition under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking regular bail arising out of FIR No. 98 of 2023 registered at Police Station Baijnath, District Kangra, Himachal Pradesh, under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act and Section 181 of the Motor Vehicles Act. The prosecution alleged that 1.509 kg of Charas-Cannabis was recovered from underneath the driver's seat of a vehicle in which the petitioner was seated as driver near Jagarkot Ajay Pal Devta Temple.
The petitioner contended that he was falsely implicated and that the entire contraband was not made homogenous as required under Section 52-A of the NDPS Act, and consequently only 26 grams as per the RFSL Report could be attributed to him, making it an intermediate quantity and not a commercial quantity. The petitioner also contended that the pendency of another FIR could not be a ground for prolonging his incarceration.
The State opposed bail through its Status Report, stating that investigation was complete and the challan had been presented before the learned ASJ Palampur. The Court considered the submissions of both sides in the context of the NDPS Act provisions governing bail and the nature of the quantity allegedly recovered.
Catchwords:
bail · NDPS Act · Charas · narcotic drugs · commercial quantity · intermediate quantity · Section 52-A · homogenization · Bhartiya Nagarik Suraksha Sanhita · regular bail · false implication · Motor Vehicles Act
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