Arbaj vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Lalit Sharma, Advocate for the applicant and Mr. R.K. Joshi, Brief Holder for the State of Uttarakhand.

The applicant is in jail having been implicated in FIR No. 154 of 2018, which has been registered under Sections 8 and 21 of the Narcotic Drugs and

Psychotropic Substances Act, 1985, at Police Station Pirankaliyar, District Haridwar.

Learned counsel for the applicant submits that the applicant is in jail since 20.07.2018 and the applicant has no previous criminal history. Learned

counsel for the applicant further submits that the smack/heroin (diacetylmorphine) which was allegedly recovered from the applicant was 10 grams

which is though more than the small quantity but much less than the commercial quantity of 250 grams. Learned counsel for the applicant further

alleges violation of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as there is no proper search. Moreover, the applicant

was allegedly arrested from a public place but no public witness could be procured by the police.

Considering the overall facts and circumstances of the case and the fact that the applicant is in jail since 20.07.2018, prima facie, the applicant has

been able to make out a case for bail. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each in the like amount to the

satisfaction of the Magistrate concerned/Court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken

into consideration at all in any other proceedings.