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Judgment
9 paragraphs · 190 wordsRavindra Maithani, J
Applicant-Dhirendra Singh @ Badshah is in judicial custody in FIR No.753 of 2022, under Sections 8/21/27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act), Police Station Rishikesh, District Dehradun. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 15.12.2022, 36.30 grams smack was allegedly recovered from the applicant.
It is the case of the applicant that there is no independent witness; the alleged recovered quantity is not commercial; there has been non-compliance of the provisions of the Act and he is not a pervious convict.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned.