Dharamveer vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application for grant of regular bail has been filed in respect of the Case Crime No.183 of 2023, registered at police station Kotwali Ranipur, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

On 21.04.2023, informant Arjun Kumar, Sub-Inspector, along with other police personnel were on patrolling duty. Applicant was apprehended by the police. 5 Kg. 100 grams of Ganja was recovered from his possession. He was arrested.

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

Mr. Raj Kumar Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He has not been convicted by any Court. He is in custody since 21.04.2023 and the alleged contraband is non commercial.

On the other hand, learned counsel for the State 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 1000 grams of Ganja is small quantity and greater than 20 kg. of Ganja is commercial quantity (Entry No.55).

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 – Dharamveer 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.