Gaur Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.90 of 2023, registered at police station Lalkuan, District Nainital under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report, 436 grams of Charas was recovered from the shop of the present applicant.

Heard Ms. Sheetal Selwal, learned counsel for applicant and Ms. Manisha Rana Singh, learned A.G.A. for the State.

Ms. Sheetal Selwal, Advocate has submitted that applicant has been implicated in the present matter; nothing was recovered from his shop; mandatory provisions of Section 42 of the Act, 1985 were not followed; alleged recovered contraband is non commercial; applicant is a permanent resident of District Nainital; he is in custody since 15.04.2023, and, he has no criminal history.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 1 Kg. of charas is commercial quantity (Entry No.23).

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-Gaur Singh 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.