Farhan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No. 863 of 2024, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Kotwali Manglaur, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 19.10.2024, police raided a chemist shop of the co-accused Noor Alam. At the time of inspection, the applicant was present in the shop. The police inspected another room adjacent to the shop and found some medicines, which according to the FIR, falls under the provisions of the Act.

Learned counsel for the applicant would submit that the co-accused Noor Alam runs a chemist shop. He has valid drug license to keep the medicines which were recovered from the residential portion of his shop which is situated in the same building. The applicant has nothing to do with it. He is merely a worker of the co-accused Noor Alam.

Learned State counsel admits that the co-accused Noor Alam runs a chemist shop and he has valid drug license for keeping the medicines which were recovered from the residential portion of the building. He would submit that the medicines could have been kept in the shop, not in any other place.

It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

Admittedly, the co-accused had a valid drug license for keeping the medicines. They were recovered not from the shop, but in a room in the same building.

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.

The bail application is allowed.

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.