Jagmohan Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with Case Crime No. 11 of 2023, registered at police station Chamba, District Tehri Garhwal under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

As per FIR dated 23.03.2023, 752 grams of charas was recovered from the personal search of the applicant.

Heard Mr. Bharat Chaudhary, learned counsel for the applicant and Mr. Dinesh Chauhan, learned Brief Holder for the State.

Mr. Bharat Chaudhary, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from the possession of the applicant. Mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is in custody since 23.03.2023, and, the alleged recovered contraband is in non-commercial quantity.

On the other hand, Mr. Dinesh Chauhan, learned Brief Holder, has opposed the bail application.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the 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 – Jagmohan 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.