Madan Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with Case Crime No.18 of 2023, registered at police station Chamoli, District Chamoli under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, informant Navneet Singh Bhandari, Sub-Inspector, was on patrolling duty along with other police personnel. On suspicion, present applicant was apprehended. Total 795 grams of charas was recovered from his possession. He was arrested at 18.20 hrs. on 26.04.2023.

Heard Mr. Yogesh Pacholia, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. for the State.

Mr. Yogesh Pacholia, Advocate contended that applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He has not been convicted by any Court. He is a permanent resident of District Chamoli and he is in custody since 26.04.2023.

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 100 grams of charas is small quantity and greater than 01 Kilogram 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 – Madan Singh 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.