Alok Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No. 325 of 2023, registered at police station Rishikesh, District Dehradun under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, the informant Jagat Singh, Sub Inspector, was present on his patrolling duty along with other police personnel. Present applicant was coming on a scooty. On suspicion, he was apprehended. The police party recovered 23 grams of Smack (Heroin) from his personal search. Applicant was arrested at 19.40 hrs. on 06.07.2023.

Heard Mr. Sagar Kothari, learned counsel for applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Sagar Kothari, Advocate contended that nothing was recovered from the possession of the present applicant. The alleged recovery was planted. Applicant has been falsely implicated in the present matter. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding, and, the alleged recovered contraband is non-commercial.

Learned counsel for the State has opposed the bail application.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, 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.

The Bail Application is allowed.

Let the applicant-Alok Kumar be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.