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Judgment
9 paragraphs · 216 wordsRavindra Maithani, J
Applicant Anash alias Middu is in judicial custody in FIR No. 18 of 2024 dated 30.01.2024, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), P.S. Banbhulpura, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 30.01.2024, 15.85 gms. Smack was allegedly recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the applicant is innocent; he has falsely been implicated; it is a case of non-compliance of the provisions of the Act. Learned counsel would submit that the applicant is not a previous convict; the recovered quantity is less than commercial.
Learned counsel for the State would submit that the applicant is involved in similar nature of cases. But, he admits that the applicant is not a previous convict.
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.