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Judgment
10 paragraphs · 334 wordsAlok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with the Case Crime No.178 of 2023, registered at police station Raiwala, District Dehradun under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
As per the First Information Report dated 11.08.2023, informant Binesh Kumar, Sub-Inspector, along with other police personnel was busy in patrolling duty. On suspicion, applicant was apprehended. He was searched. Police party recovered 31 grams of smack (heroin) from his personal search. He was arrested at 21:40 hrs.
Heard Mr. Vikas Anand, learned counsel for applicant and Mr. M.K. Chand, learned AGA for the State.
Mr. Vikas Anand, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. Mandatory provisions of the Act, 1985 were not followed. Applicant has no criminal history. He is a permanent resident of District Bareilly, Uttar Pradesh, therefore, there is no possibility of his absconding, and, the alleged recovered contraband is non-commercial.
On the other hand, learned counsel for the State has opposed the bail application.
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-Kadir Ahamad 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.