High CourtsSingle Bench

Azad vs State Of Uttarakhand

Uttarakhand High Court · Decided on 17 February 2025 · Citation: (2025) 02 UK CK 1025

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. 146 Of 2025
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Judgment

9 paragraphs · 195 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in Case Crime No. 09 of 2025, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Shyampur, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 11.01.2025, 167 gram smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he has been falsely implicated; there has been non compliance of the mandatory provisions of the Act; allegedly recovered quantity is less than commercial; the applicant is not a previous convict.

5.

Learned State counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.

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.