Lalit Chand Alias Lali vs State Of Uttarakhand

Alok Kumar Verma, J

This is a Bail Application in connection with First Information Report No.203 of 2022 registered at police station Kotwali Pithoragarh, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act 1985”).

As per the First Information Report, 11.3 grams of smack was recovered from the personal search of the present applicant.

Heard Mr. Amit Kapri, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Amit Kapri, Advocate has submitted that applicant has been implicated in the present matter; nothing was recovered from his possession; mandatory provisions of Section 50 of the Act, 1985 were not followed; the alleged recovered contraband is non commercial; applicant is a permanent resident of District Pithoragarh; he is not convicted by any Court, and, he is in custody since 22.09.2022.

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 – Lalit Chand alias Lali 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.