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Judgment
9 paragraphs · 191 wordsRavindra Maithani, J
Applicant Amit Chand is in judicial custody in FIR No. 20 of 2024, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Jajerdewal, District Pithoragarh. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 12.03.2024, 10.60 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that nothing was recovered from him; he has been falsely implicated; there is no independent witness; there is a non compliance of the provisions of the Act; he is not a previous convict.
Learned State counsel would submit that the bail rejection order does reveal any previous conviction of the applicant.
Having considered the entirety of facts, this Court is of the view that 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.