AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 230 wordsRavindra Maithani, J
Applicant Firoj Khan is in judicial custody in FIR No.0279 of 2023, under Sections 21/08/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station ITI, District- Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 30.08.2023, 49.99 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that he has been falsely implicated; it is the case of non-compliance of the provisions of the Act; there is no independent witness; he is not a previous convict; the allegedly recovered quantity is less than commercial.
State was required to file objections, which have not been filed. Learned State Counsel would submit that the applicant has earlier also been involved in such cases. There have been 5 cases pending against him, but he would submit that the applicant is not a previous convict.
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.