Jai Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed by the applicant-accused for grant of regular bail in connection with Case Crime No. 52 of 2023, registered at police station Shyampur, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

According to the First Information Report dated 12.05.2023, 6.100 Kg of Ganja was recovered from the possession of the present applicant.

Mr. Gaurav Singh, learned counsel for applicant through video conferencing.

Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate, contended that the applicant is an innocent person; he has been falsely implicated in the present matter; nothing was recovered from his possession; he is in custody since 12.05.2023; he has no criminal history; he is a permanent resident of District Haridwar; provisions of the Act, 1985 are not followed, and, the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State 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 1000 grams of Ganja is small quantity and greater than 20 Kg. of Ganja is commercial quantity (Entry No. 55).

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 – Jai Kumar 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.