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Judgment
10 paragraphs · 342 wordsAlok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with the Case Crime No.321 of 2023, registered at police station Vikasnagar, District Dehradun under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
As per FIR, informant Sub-Inspector, Praveen Kumar Saini, was busy in his patrolling duty along with other police personnel. At about 12:30 hrs., applicant was coming by a Maruti Suzuki Car. He was apprehended. The police party recovered 20 grams of smack (heroin) from his car. He was arrested at 15:00 hrs on 19.08.2023.
Heard Mr. Pranav Singh, learned counsel holding brief of Mr. Ankur Sharma, learned counsel for applicant and Ms. Mamta Joshi, learned Brief Holder for the State.
Mr. Pranav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his car. The alleged recovery was planted. Applicant has no criminal history. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, 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 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 – Chand Khan 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.