Babu Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the First Information Report No.249 of 2023, registered at police station Kichha, District Udham Singh Nagar for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, informant Diwan Singh Bisht, Sub-Inspector, was busy in patrolling duty along with other police personnel. On suspicion, applicant was apprehended. Total 41.30 grams of smack (Heroin) was recovered from the possession of the applicant. He was arrested at 19:50 hrs. on 14.07.2023.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Mani Kumar, Advocate, contended that nothing was recovered from the possession of the applicant. The alleged recovery was planted. Applicant has no criminal history, and, the alleged recovered contraband is in non commercial quantity.

On the other hand, learned counsel 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 – Babu Singh 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.