Majid Ali vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.665 of 2023, registered at police station Kotwali Roorkee, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “Act, 1985”,).

Informant Sub-Inspector Baru Singh Chauhan was busy in his patrolling duty along with other police personnel. Applicant was apprehended. He was searched before Circle Officer of Police. 20 grams of smack (Heroin) was recovered from his personal search. He was arrested on 21.10.2023 at 23:50 hours.

Heard Mr. Gaurav Singh, learned counsel for the applicant through video conferencing and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, submits that applicant is an innocent person. He has no criminal history. Nothing was recovered from his possession. Mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged contraband is in non-commercial quantity.

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-Majid Ali 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.