Hasib 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.236 of 2023, registered at Police Station Haldwani, District Nainital for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the allegations of the First Information Report dated 03.05.2023, 68 grams of smack (Heroin) was recovered from the possession of the present applicant.

Heard Mr. Gaurav Kandpal, learned counsel holding brief of Ms. Priyanka Agarwal, learned counsel for applicant and Mr. Dinesh Chauhan, learned Brief Holder for the State.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated; nothing was recovered from his possession; provisions of Section 50 of the Act, 1985 have not been followed; applicant is in custody since 03.05.2023 and he has no criminal history.

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 – Hasib 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.