Akil vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Akil is in judicial custody in FIR No.961 of 2021, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for

short, “the Actâ€​), Police Station Kotwali Laksar, District Haridwar. He has sought his release on bail.

According to the case, on 24.12.2021, 24.85 gram Smack was recovered from the possession of the applicant.

Heard learned counsel for the parties through video conferencing and perused the record.

Learned counsel for the applicant would submit that the Smack was not recovered from his possession, it was allegedly recovered from the house

of some person; there is no independent witness; the allegedly recovered quantity is not commercial and the applicant has no criminal history.

Learned State counsel admits that in the bail rejection order, there is no mention of any previous conviction or criminal history of the applicant.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.