Deepak Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the First Information Report No. 232 of 2022, registered at police station Raiwala, District Dehradun under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per First Information Report, informant-Sub Inspector Neeraj Tyagi was busy in patrolling duty along with other police personnel on 27.12.2022. Applicant was coming on a motorcycle. On suspicion, he was apprehended. Ten injections of Buprenorphine were recovered from the polythene taken in his hand. He was arrested at 22:20 hrs. on 27.12.2022.

Heard Mr. Shashi Kant Shandilya, learned counsel for applicant and Mr. B.P.S. Mer, learned Brief Holder for the State.

Mr. Shashi Kant Shandilya, Advocate contended that the applicant has been falsely implicated in the matter. Nothing was recovered from his possession. The alleged recovered contraband is in non- commercial quantity. Applicant has no criminal history and he is a permanent resident of District Haridwar.

On the other hand, learned counsel for the State has opposed the bail application. He has submitted that 20 grams of Buprenorphine was recovered from the possession of the applicant. However, he fairly conceded that applicant has no criminal history.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 1 gram of Buprenorphine is small quantity and greater than 20 grams of Buprenorphine is commercial quantity (Entry No.169).

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 – Deepak 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.