High CourtsSingle Bench

Asad Ali vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 November 2023 · Citation: (2023) 11 UK CK 0042

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1009 Of 2023
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Judgment

9 paragraphs · 214 words

Ravindra Maithani, J

1.

Applicant Asad Ali is in judicial custody in FIR No.16 of 2022, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Haldwani, District- Nainital. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 08.01.2022, police recovered smack in commercial quantity from co-accused Sarik and Shahid. According to the prosecution, subsequently, the co-accused-Shahid revealed that they had purchased smack from the applicant.

4.

Learned counsel for the applicant would submit that merely on the basis of statements of the co-accused, the applicant has been implicated in this case.

5.

The Court wanted to know from learned State Counsel as to what is the evidence against the applicant? Learned State Counsel would submit that co-accused Shahid has named the applicant as the person from whom he purchased the smack.

6.

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.

7.

The bail application is allowed.

8.

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.