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Judgment
9 paragraphs · 204 wordsRavindra Maithani, J
Applicant Istekhar is in judicial custody in FIR/Case Crime No.16 of 2023, under Section 8/21/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act”), Police Station Kotwali Manglaur, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 03.01.2023, 16.60 grams Smack was recovered from the co-accused.
It is argued that the applicant has been falsely implicated in the case; there is no independent witness of the alleged recovery; there is non-compliance of the mandatory provisions of the Act; the alleged recovery quantity is less than commercial and the applicant is not a previous convict.
Learned State counsel would submit that the bail rejection order does not reveal that the applicant is 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.