Islam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail under Section 8 read with Section 21 (b), Section 27A and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in connection with the NCB Crime No. 01/NCB/DDN/2021, registered at police station NCB, Sub Zone, Dehradun.

The case of the Narcotics Control Bureau (in short, “NCB”), Dehradun Sub Zone is that on a secret information, co-accused Hemant Sonkar was apprehended on 12.01.2021. The NCB team recovered 60 grams heroin from his possession. He confessed his guilt and stated in his confessional statement that he was carrying heroin as per instruction of Arun Sonkar (co-accused). The NCB team reached at the house of Arun Sonkar (co-accused). They recovered 3 ATM slips from his house. According to these ATM slips approximately rupees one lakh was transferred in the account of Islam (present applicant). Arun Sonkar (co-accused) disclosed that the said amount was transferred by his nephew- Ritik Sonkar, who is not an accused in the present matter. Present applicant was arrested on 28.11.2021. Initially, a complaint was filed by the Intelligence Officer of NCB, Dehradun Sub Zone against the co-accused Hemant Sonkar and Arun Sonkar. A supplementary complaint was filed by the NCB against the present applicant on 21.01.2022. Examination-in-chief of the Investigating Officer (PW1) has been completed on 26.07.2023.

Heard Mr. M.S. Pal, learned Senior Advocate assisted by Mr. Manoj Bhatt, learned counsel for the applicant and Mr. Shobhit Saharia, learned counsel for the NCB.

Opposing the bail application, Mr. Shobhit Saharia, Advocate, submits that the applicant was doing tailoring in Delhi from April, 2019 to January, 2021 and used to earn Rs. 25,000/- per month, which he received in cash from his master, while as on record, a sum of Rs. 15,16,625/- was deposited in his account No. 6813000100013375 during the COVID-19 Pandemic period and the applicant has accepted it in his voluntary statement, recorded under Section 67 of the Act, 1985.

Mr. M.S. Pal, learned Senior Advocate contended that no contraband was recovered from the possession of the applicant. The bank accounts of the applicant of Punjab National Bank are filed by the respondent only showing transaction of money but there is no material on record showing the said transaction of money in connection with the illegal contraband. It is a matter of evidence whether the said amount was transferred by Ritik Sonkar. Co-accused Arun Sonkar and Hemant Sonkar have been granted bail by this Court.

Mr. M.S. Pal, learned Senior Advocate further contended that on the basis of confessional statement of Arun Sonkar, given under Section 67 of the Act, 1985, present applicant was arrested on 28.11.2021, while a confessional statement, given under Section 67 of the Act, 1985, is not admissible in evidence. He further submits that the applicant is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no possibility of his absconding. He has no criminal antecedents. He is in custody since 28.11.2021, whereas, till date, only examination-in-chief of PW1 has been completed.

The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

Bail Application is allowed.

Let the applicant – Islam be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

(iii) Applicant shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, application may be filed to cancel the bail order.