Kalawati Devi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.119 of 2023, registered at police station Lalkua, District Nainital under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

As per FIR, informant along with other police personnel were present on patrolling duty. 378 grams of charas was recovered from the shop of the present applicant. She was arrested at 18.35 hrs on 14.05.2023.

Heard Mrs. Sheetal Selwal, learned counsel for applicant and Mr. P.S. Uniyal, learned Brief Holder for State.

Mrs. Sheetal Selwal, Advocate, contended that the applicant-Smt. Kalawati Devi, 50 years, has been falsely implicated in the present matter; nothing was recovered from her shop; she has no criminal history; she is a permanent resident of District Nainital, and, the alleged recovered contraband is non-commercial.

On the other hand, Mr. P.S. Uniyal, Brief Holder, has opposed the bail application.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said 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-Kalawati Devi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.