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Judgment
14 paragraphs · 222 wordsRavindra Maithani, J
Applicant Deepak Kumar is in judicial custody in Case Crime No.809 of 2021, under Sections 8/21 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, “the Actâ€), Police Station Kotwali Bhagwanpur, District Haridwar. He has sought his release on bail.
According to the case, on 16.12.2021, 13.95 gram Smack was recovered from the possession of the applicant.
Heard learned counsel for the parties through video conferencing and perused the record.
Learned counsel for the applicant would submit that there is no compliance of Section 50 of the Act; there is no independent witness; allegedly
recovered quantity is not commercial and the applicant has no criminal history.
Learned State counsel would submit that in the bail rejection order, there is no mention of any previous conviction or criminal history of the
applicant.
Having considered, this Court is of the view that it is a case fit for bail and 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.
This bail order be forwarded to concerned Court as well as the concerned jail through e-mail also.