Deepchand Alias Kala vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail. Applicant – accused Deepchand Alias Kala is in custody in connection with the Case Crime No.51 of 2023, registered at police station Buggawala, District Haridwar under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the allegations of the First Information Report, 240 grams of charas was recovered from the personal search of the applicant.

Heard Mr. Raj Kumar Singh, learned counsel for applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Raj Kumar Singh, Advocate, for the applicant, contended that the applicant has been falsely implicated in the present matter; nothing was recovered from his possession; mandatory provisions of Section 50 of the Act, 1985 were not followed; applicant has no criminal history; he is a permanent resident of District Haridwar and he is in custody since 15.05.2023.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 01 Kg. of charas is commercial quantity (Entry No.23).

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 – Deepchand Alias Kala 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.