Uttarakhand High CourtBA1/1498/2021 on 2 August, 2021Author:R.C. KhulbeBench:R.C. KhulbeOffice Notes,\n             reports, orders or\nSL.           proceedings or\n      Date                                    COURT'S OR JUDGES'S ORDERS\nNo             directions and\n             Registrar's order\n              with Signatures\n                                  BA1 No.1498 of 2021\n                                  Hon'ble R.C. Khulbe, J.Mr. Prakash Chandra, learned counsel for\n                                  the applicant.Mrs. Pushpa Bhatt, learned Dy.A.G. along\n                                  with Mr. Siddhartha Bisht, learned B.H. for the\n                                  State.Accused-Rohit Goyal has sought his\n                                  release on bail in connection with Case\n                                  Crime/FIR No.78/2021, u/s 8/22 of theNDPS\n                                  Act, registered at P.S. Raipur, District\n                                  Dehradun.It is argued that the accused has been\n                                  falsely implicated; there is no criminal history;\n                                  the arresting party did not comply with the\n                                  provision ofSection 50NDPS Act; he is ready\n                                  to furnish the sureties and may be granted bail.Per contra, learned counsel for the State\n                                  opposed for bail and fairly submitted that the\n                                  contraband article comes within the definition of\n                                  commercial quantity.From the perusal of the record, on\n                                  16.02.2021 when the police party was on\n                                  patrolling duty near Tapovan Triangle, the\n                                  accused was coming from the opposite direction,\n                                  the police party apprehended the accused; the\n                                  accused disclosed that, he has contraband\n                                  article; on the basis of it, the police party\n                                  informed him and apprised about his rights;\n                                  accordingly, the police party informed the C.O.\n                                  and the concerned C.O. reached at the spot,\n                                  thereafter, search was conducted; accordingly,\n                                  contraband article was recovered from the bag\n                                  of the accused.As regard to the violation of underSection\n                                  50of NDPS Act, is concerned, since the\n                                  contraband article was recovered from the bag\n                                  of the accused, not from the personal search;\n accordingly,Section 50of NDPS Act is not\napplicable.InState of Punjab Vs. Baldev Singh(1999)\n6 SCC 172, the Constitution Bench of the Apex\nCourt clearly held thatSection 50of the\nN.D.P.S. Act would come into play only if\nsearch of a person is distinguished from search\nof any premises etc. In the present matter the\nC.O. was also a Gazetted Officer as defined\nunderSection 42of NDPS Act.From the record, it is clear that the above\ncontraband article, recovered from the accused,\nfalls within the definition of commercial\nquantity; accordingly, looking to the gravity of\nthe offence, it is not a fit case for bail at this\nstage.The bail application is thus, dismissed.\n      Pending application, if any, stands\ndisposed of.(R.C. Khulbe, J.)\n                            02.08.2021\nBS