Madan Sharma 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.392 of 2023, registered at police station Ranipur, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

As per the First Information Report dated 03.09.2023, on a secret information, present applicant was apprehended by the informant Mahipal Singh, Sub-Inspector and other police personnel. He was interrogated by the police. He was searched before the Circle Officer of police. 50.56 grams of Smack was recovered from his personal search. He was arrested at 14:55 hrs.

Mr. Vaibhav Singh Chauhan, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. The mandatory provision of Section 50 of the said Act, 1985 was not followed, and the applicant is a permanent resident of District, Dehradun.

Mrs. Manisha Rana Singh, A.G.A., 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 Heroin (Smack) 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- Madan Sharma 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.