Mohd. Kamar Alias Kamaru vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.120 of 2023, registered at Police Station Vanbhoolpura, District Nainital 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, 7.82 grams of smack was recovered from the possession of the present applicant.

Heard Mrs. Sheetal Selwal, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mrs. Sheetal Selwal, learned counsel for the applicant, has submitted that nothing was recovered from the possession of the applicant; he has been implicated in this matter; he is in custody since 10.05.2023, he is a permanent resident of District Nainital and he is not convicted by any Court.

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

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 – Mohd. Kamar alias Kamaru 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.