Amir Khan 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 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in connection with the Case Crime No.320 of 2023, registered at Police Station Sahaspur, District Dehradun.

As per the First Information Report, on 04.12.2023, the police party recovered 6.40 grams Smack (Heroin) from the possession of the present applicant.

Mr. Ankur Sharma, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. Nothing was recovered from his possession. He is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non - commercial quantity.

Mrs. Manisha Rana Singh, learned A.G.A. has opposed the Bail Application orally.

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, no reason is found 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 –Amir Khan 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.