Javed vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the First Information Report No.169 of 2023, registered at police station Sahaspur, District Dehradun under Section 8/21/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “Act, 1985”).

As per the First Information Report, informant Sanoj Kumar, Sub-Inspector, was busy in checking along with other police personnel. Two persons were coming in a Swift car. They were apprehended. 150 grams of smack (heroin) was recovered from the said car. Applicant and the co-accused were arrested at 21:05 hrs. on 03.07.2023.

Heard Mr. Rajat Mittal, learned counsel for applicant and Mrs. Manisha Rana Singh, learned AGA with Mr. P.S. Uniyal, learned Brief Holder for the State.

Mr. Rajat Mittal, Advocate, has submitted that nothing was recovered from the said car. The alleged recovery was planted. Applicant has been implicated in the present matter. Mandatory provisions of Section 42 of the said Act, 1985 were not followed. The alleged recovered contraband is in non-commercial quantity. Applicant has not been convicted by any Court, and, the co-accused has been granted bail by this Court.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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 – Javed be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.