Chinder Singh vs State Of Uttarakhand

Alok Kumar Verma, J

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

As per First Information Report, informant Sub-Inspector Diwan Singh Bisht was busy in patrolling duty along with other police personnel. Due to suspicion, applicant was apprehended. 52.80 grams of smack was recovered from his possession. He was arrested at 19:15 hrs on 14.07.2023.

Mr. Mani Kumar, Advocate, has submitted that provisions of Act, 1985 were not followed. Nothing was recovered from the possession of the applicant. The alleged recovery was planted. The alleged recovered contraband is in non-commercial quantity and the applicant has no criminal history.

On the other hand, Mr. B.P.S. Mer, Brief Holder, 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 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- Chinder 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.