High CourtsSingle Bench

Mohan Chandra Sunori vs State of Uttarakhand

Uttarakhand High Court · Decided on 24 August 2018 · Citation: (2018) 08 UK CK 0124

HON’BLE JUDGES
Sudhanshu Dhulia, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section, 8, 20, 50, 60
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1496 of 2018
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Judgment

13 paragraphs · 217 words

Sudhanshu Dhulia, J. (Oral)

Heard Ms. Rajani Supyal Latwal, Advocate, for the applicant and Ms. Shivali Joshi, Brief Holder, for the State of Uttarakhand.

The applicant is in jail having been implicated in Case Crime No.81 of 2018, which has been registered under Sections 8/20/60 of the Narcotic Drugs

and Psychotropic Substances Act, 1985, at Police Station â€" Kotwali Almora, District- Almora.

Learned counsel for the applicant submits that the “Charas†which was recovered from the applicant is 500 gms which is admittedly less than the

commercial quantity. She further submits that there is no compliance of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Considering the overall evidence, which is presently available before this Court and the fact that the applicant is in jail since 05.08.2018, prima facie,

the applicant has been able to make out a case for bail. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the

satisfaction of the Magistrate/court concerned.

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It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any

other proceedings.