Basant Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.43 of 2023, registered at police station Pulbhatta, District Udham Singh Nagar under Section 8/20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, informant Surendra Singh Rigwal, Sub-Inspector, was on patrolling duty along with other police personnel. On suspicion, applicant was apprehended. Total 541 grams of charas was recovered from the possession of the applicant. He was arrested at 20:10 hrs. on 25.02.2023.

Heard Mr. Sunder Singh Mehra, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. Sunder Singh Mehra, Advocate has submitted that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Nainital. He is in custody since 25.02.2023, and, the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State has opposed the bail application.

As per Table prepared under 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 01 Kilogram 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 – Basant 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.