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Judgment
10 paragraphs · 231 wordsRavindra Maithani, J
Applicant is in judicial custody in FIR No. 126 of 2023, under Section 8 read with 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali, District Dehradun. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
This is second bail application of the applicant. The first bail application was dismissed as withdrawn on 17.01.2024.
According to the FIR, on01.04.2023, 1.015 Kg. charas was allegedly recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the applicant is not a previous convict; allegedly recovered article was reweighed by the trial court and it was found 880 grams and even 100 gram sample is added to it, it makes 980 grams, which is less than commercial.
Learned State counsel admits that the article recovered was reweighed on 13.02.2024 and it was found 880 grams and with weight of sample, it becomes 980 grams which is less than commercial.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
The bail application is allowed.
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.