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2024 DIGILAW 20 (UTT)

Vijay Viswas v. State of Uttarakhand

2024-01-05

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. Applicant Vijay Viswas is in judicial custody in FIR No.203 of 2022, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Banbhoolpura, District Nainital. He has sought his release on bail. 2. This is the second bail application. The first bail application, being BA1 No.2091 of 2022, was dismissed in non-prosecution on 17.11.2022. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 28.06.2022, 1.105 Kg charas was allegedly recovered from the possession of the applicant. 5. Learned Senior Counsel for the applicant would submit that the applicant is in custody for a long; evidence has yet not been concluded; co-accused has already been granted bail. 6. Learned State Counsel would submit that commercial quantity of charas has been recovered from the applicant; it is a chance recovery. 7. It is a case of recovery of commercial quantity of charas. In such matters, bail is governed by Section 37 of the Act. In such cases, bail may not be granted unless there are reasons to believe that the applicant has not committed any offence and there are less chances of repeat offence. Nothing has been shown to meet the requirement of Section 37 of the Act. 8. Having considered, this Court does not see any reason, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected. 9. The bail application is rejected. 10. In the instant case, Short Term Bail Application IA No.3 of 2023 was filed on the ground of illness of the father of the applicant. It was supported with an affidavit of Krishna Viswas, the mother of the applicant, enclosing therewith a Registration Card of Dr. Susheela Tiwari Government Hospital, as Annexure No.1. 11. The Court doubted the genuineness of the Registration Card of hospital, therefore, requested the State Government to get instructions with regard to the genuineness of the Registration Card filed along with the short term bail application. 12. On behalf of the State, short counter affidavit has been filed by Manoj Yadav, Sub Inspector, Police Station Banbhulpura, District Nainital. In para 5 of it, he has categorically stated that as per the medical records of Dr. Susheela Tiwari Government Hospital, Haldwani, no such entry has been made in any register. 12. On behalf of the State, short counter affidavit has been filed by Manoj Yadav, Sub Inspector, Police Station Banbhulpura, District Nainital. In para 5 of it, he has categorically stated that as per the medical records of Dr. Susheela Tiwari Government Hospital, Haldwani, no such entry has been made in any register. Along with it, the report of concerned doctors have been given, according to which, the Registration Card, Annexure No.1, was not prepared by the Doctors of the hospital. 13. The Court on receipt of this affidavit by the State Government required Krishna Viswas to file her response, which she has filed. In Para 7, 8 and 9, Krishna Viswas has deposed as follows:- “7. That Mr. Amit Ghosh assured her that he will do all needful things for referring her husband for AIIMS Delhi or K.G.M.U. Lucknow but she had to pay some expenses for that and on asking that how much she had to pay then he said that it will come nearly Rs.10,000/-. Mr. Amit K. Ghosh assured her that he would himself made registration card (Medical Slip) of her husband. 8. That Mr. Ghosh asked the deponent that she had to pay in three installments. He told her that five thousand (5000/-) would have to be paid before the work done and rest amount had to pay when he would call her to take the registration card of her husband. 9. That the deponent arranged the amount from the friend of her son Shri. Aman Ali S/o Amzad Ali R/o Bhawani Ganj Ramnagar Range, Ram Nagar District Nainital and he himself paid the advance payment through on line to the account of Amit Ghosh i.e. Rs.5000/- on 10.06.2023, and rest amount Rs.2000/- on 12.06.2023 and Rs.3000/- on 14.09.2023 was paid to the account of Sumit Gupta on behest of Amit Ghosh, only then she was given medical slip thinking the same as government expenses. The entire money is paid from the account of Aman Alli, who is friend of the deponent’s son, on the request of deponent. Aman Ali helped the deponent in the entire episode. Some prescription were also made on the registration card which was given to her by Mr. Amit Ghosh. The detail of payments is being filed herewith and marked as Annexure No.1 to this affidavit.” 14. Aman Ali helped the deponent in the entire episode. Some prescription were also made on the registration card which was given to her by Mr. Amit Ghosh. The detail of payments is being filed herewith and marked as Annexure No.1 to this affidavit.” 14. The short term bail was sought on the ground of illness of the father of the applicant and a medical certificate was filed in support of it, which on examination was found not genuine, as per the report received. 15. In the instant case, it appears that a forged document has been placed before the Court in order to seek short term bail. 16. Krishna Viswas has filed affidavit in support of the short term bail application as to who has submitted the forged Registration Card, as stated in the response affidavit, she has deposed as to how did she get it. This means, it was not an act of individual. The Registration Card has been so prepared so as to reflect as if it has been prepared by some expert doctor. There are immense chances of many other persons involved in this act. Therefore, in this matter, a fresh FIR has to be lodged with the concerned police station. 17. Let the Registrar (Judicial) of this Court lodge a First Information Report in the concerned Police Station against Krishna Viswas, W/o Shri. Gorang Viswas, R/o Shivlalpur Chungi, Behind Parvatiya Plywood Factory, Police Station Ramnagar, District Nainital, for filing a false Registration Card in this Court along with the short term bail application.