Firoj 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.217 of 2023, registered at police station Sahaspur, District Dehradun under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report dated 19.08.2023, informant Bharat Singh Rawat, Sub-Inspector, was busy in maintaining peace and order along with other police personnel. On suspicion, applicant was apprehended. Police party recovered 11.05 grams of smack (Heroin) from his possession. He was arrested at 09:30 p.m.

Mr. Ankur Sharma, Advocate, submits that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. There was no independent witnesses at the time of the alleged recovery. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. He has no criminal history, and, the alleged recovered contraband is in non-commercial quantity.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., has opposed the Bail Application.

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- Firoj 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.