High CourtsSingle Bench

Amjad vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 April 2024 · Citation: (2024) 04 UK CK 0118

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Allowed
CASE NUMBER
First Bail Application No. 749 Of 2024
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Judgment

9 paragraphs · 203 words

Ravindra Maithani, J

1.

Applicant Amjad is in judicial custody in Case Crime No.253 of 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Bhagwanpur, District-Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 02.04.2024, 24 grams smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he is innocent; he has been falsely implicated; nothing was recovered from him; there is no independent witness to the alleged recovery; the alleged recovered quantity is less than commercial; he is not a previous convict.

5.

Learned State Counsel would submit that the applicant has a criminal history, though he admits that the applicant is not a previous convict.

6.

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.

7.

The bail application is allowed.

8.

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.