High CourtsSingle Bench

Deepak Sharma vs State Of Uttarakhand

Uttarakhand High Court · Decided on 22 May 2024 · Citation: (2024) 05 UK CK 0127

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 27A, 29
RESULT
Allowed
CASE NUMBER
First Bail Application No. 967 Of 2024
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Judgment

9 paragraphs · 214 words

Ravindra Maithani, J

1.

Applicant Deepak Sharma is in judicial custody in Case Crime No.20 of 2024, under Sections 27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Kotwali Pithoragarh, District- Pithoragarh. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 04.02.2024, 11 grams smack was allegedly recovered from the possession of the co-accused, who named the applicant as the person from whom he brought smack.

4.

Learned counsel for the applicant would submit that there is no evidence against the applicant; nothing was recovered from him; there is no financial transaction; merely based on the call records, the applicant has been named as accused in the case; applicant is not a previous convict.

5.

Learned State Counsel admits that based on the statement of co-accused, the applicant has been implicated.

6.

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.

7.

The bail application is allowed.

8.

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.