High CourtsSingle Bench

Mohd. Micky Warsi vs State Of Uttarakhand

Uttarakhand High Court · Decided on 20 June 2023 · Citation: (2023) 06 UK CK 0071

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 60
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1146 Of 2023
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Judgment

9 paragraphs · 258 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.114 of 2023, registered at police station Vanbhoolpura, District Nainital under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

2.

As per allegation of the First Information Report, 16.8 grams of smack was recovered from the possession of the present applicant.

3.

Heard Mrs. Sheetal Selwal, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mr. P.S. Uniyal, learned Brief Holder for State.

4.

Mrs. Sheetal Selwal, Advocate, contended that nothing was recovered from the possession of the applicant; he has been implicated in the present matter; mandatory provisions of the Act, 1985 were not followed; applicant is a permanent resident of District Nainital and he is in custody since 03.05.2023.

5.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application.

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant-Mohd. Micky Warsi 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.