Anil Das Alias Anil Gautam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No. 10 of 2023, registered at police station Bhowali, District Nainital under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

As per the case of the prosecution, 589 grams of charas was recovered from the possession of the applicant on 29.01.2023.

Heard Mr. Karan Singh Dugtal, learned counsel for the applicant and Mr. Dinesh Chauhan, learned Brief Holder for the State.

Mr. Karan Singh Dugtal, Advocate, contended that the applicant has been falsely implicated in the present matter; nothing was recovered from his possession; there is no public witness of the alleged recovery; applicant has no criminal history; he is in custody since 29.01.2023; provisions of the Act, 1985 are not complied with; alleged recovered contraband is non-commercial, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Despite availing sufficient opportunity to file objection to the bail application, objection has not been filed.

Learned counsel for the State has opposed the bail application orally. However, he conceded that the applicant has no criminal history.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 100 grams of charas is small quantity and greater than 1 Kg. of charas is commercial quantity (Entry No. 23).

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 – Anil Das alias Anil Gautam 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.