Meharban Alias Sagar 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. 341 of 2023, registered at police station Kotwali Jwalapur, District Haridwar for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

As per the allegations of the First Information Report, 07.32 grams of smack (Heroin) was recovered from the possession of the present applicant.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Gaurav Singh, Advocate, has submitted that applicant has been implicated in this matter; nothing was recovered from his possession; provisions of Section 50 of the Act, 1985 have not been followed; applicant is in custody since 11.05.2023; he is a permanent resident of District Haridwar and he is not convicted by any Court.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of 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 – Meharban alias Sagar 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.