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Judgment
15 paragraphs · 241 wordsSudhanshu Dhulia, J. (Oral)
Heard Mr. R.P. Nautiyal, Senior Advocate, assisted by Ms. Varsha Sharma, Advocate for the accused applicant, and Ms. Mamta Joshi, Brief Holder
for the State.
The applicant is in jail having been implicated in Case Crime No. 304 of 2018 for the offence under Section 8/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 registered in the Police Station Patel Nagar, District Dehradun.
Learned Counsel for the applicant contended that the applicant has been falsely implicated in the present case. He further contended that 105 grams
Charas have been allegedly recovered from the possession of the applicant which is much below the commercial quantity and only 5 grams above the
small quantity and the alleged recovery has not been made in the presence of any independent public witness and the applicant is in jail since
19.7.2018.
Considering the overall materials presently available before this Court, 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 in the like amount, to the
satisfaction of the Special Judge/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken
into consideration at all in any other proceedings.