Arman vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant is in judicial custody under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in connection with the Case Crime No.562 of 2023, registered at police station Jwalapur, District Haridwar.

As per the First Information Report dated 01.08.2023, informant-Sudhanshu Kaushik, Sub Inspector, received a secret information. Applicant was apprehended by the informant and other police personnel. Policy party recovered 18 grams of smack from the personal search of the present applicant. Applicant was arrested at 20:30 hrs.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate contended that the applicant has been implicated in the present matter. He has no criminal history. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non-commercial quantity.

Mrs. Manisha Rana Singh, learned A.G.A. for the State has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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-Arman be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.