Farzana vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.200 of 2023, registered at police station Sahaspur, District Dehradun under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, police recovered 22 grams of Smack (Heroin) from the possession of the present applicant. She was arrested at 13.25 hrs. on 31.07.2023.

Heard Mr. Ankur Sharma, learned counsel for applicant (through video conferencing) and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Ankur Sharma, Advocate contended that applicant has been falsely implicated in the present matter. Nothing was recovered from her possession. Provisions of the Act, 1985 were not followed. Applicant is in custody since 31.07.2023. She has no criminal history, and, the alleged recovered 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 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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-Farzana be released on bail on executing her personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.