Kulvindar Singh 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.102 of 2023, registered at police station Lalkuan, District Nainital under Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, on 28.04.2023, informant-Somendra Singh, Sup-Inspector, was on patrolling duty along with other police personnel. On suspicion, applicant was apprehended by the police party. Total 11.04 grams of smack (Heroin) was recovered from the possession of the applicant. He was arrested at 22.57 hrs.

Heard Mr. T.P.S. Takuli, learned counsel for applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. T.P.S. Takuli, Advocate has submitted that applicant has been implicated in the present matter; nothing was recovered from his possession; provisions of the Act, 1985 were not followed; applicant is in custody since 28.04.2023; he is a permanent resident of District Udham Singh Nagar, and, the alleged recovered contraband is non-commercial.

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-Kulvinder Singh 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.