Arjun vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No.30 of 2023, registered at police station Buggawala, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

As per FIR, 538 grams of charas was recovered from the possession of the applicant on 15.04.2023.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Dinesh Chauhan, learned Brief Holder for State.

Mr. Gaurav Singh, Advocate, contended that nothing was recovered from the possession of the applicant; the said recovery was planted; applicant has no criminal history; he is a permanent resident of District Haridwar; he is in custody since 15.04.2023, and, the alleged recovered contraband is non-commercial.

Mr. Dinesh Chauhan, Brief Holder, has opposed the bail application.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said 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-Arjun 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.