Imran vs State Of Uttarakhand

Alok Kumar Verma, J

The present Bail Application has been filed for grant of regular bail in connection with the Case Crime No. 809 of 2022, registered with Police Station Kotwali Roorkee, District Haridwar for the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, “the Act, 1985”).

On 14.11.2022, 12.49 gram Smack was recovered from the personal search of the applicant.

Heard Ms. Reema Rana, the learned counsel holding brief of Mr. Mohd. Safdar, the learned counsel for the applicant and Mr. Pankaj Joshi, the learned Brief Holder for the State.

Ms. Reema Rana, the learned counsel appearing for the applicant, submitted that the applicant has been falsely implicated in this matter; the provisions of the Act, 1985 including the mandatory provision of Section 50 of the Act, 1985 have not been complied with; the alleged recovered contraband was less than commercial quantity; FSL’s report has not yet been filed; applicant is a permanent resident of District Haridwar; he has no criminal history, and, he is in custody since 14.11.2022.

Mr. Pankaj Joshi, the learned counsel for the State, opposed the bail application. However, he fairly conceded that the recovered contraband was less than commercial quantity.

Smack is a slang term for Heroin. As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 5 gram of Heroin is small quantity and greater than 250 gram is commercial quantity (Entry No.56).

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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-Imran 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.