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Judgment
9 paragraphs · 197 wordsRavindra Maithani, J
Applicant Jahid Saifi is in judicial custody in FIR No.319 of 2022, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Mukhani, District- Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
According to the FIR, on 22.12.2022, 31.16 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that the alleged recovered quantity is less than commercial; he is not a previous convict; there has been non-compliance of the provisions of the Act.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
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.