High CourtsSingle Bench

Mohd. Salim vs State Of Uttarakhand

Uttarakhand High Court · Decided on 22 February 2023 · Citation: (2023) 02 UK CK 0084

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29
RESULT
Allowed
CASE NUMBER
First Bail Application No. 376 Of 2023
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Judgment

9 paragraphs · 189 words

Ravindra Maithani, J

1.

Applicant Mohd. Salim is in judicial custody in FIR No. 385 of 2022, under Section 8/21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Banbhulpura, District- Nainital. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, 20.80 grams charas was allegedly recovered from the possession of the applicant on 19.11.2022.

4.

It is argued by learned counsel for the applicant that he is innocent; he has been falsely implicated; he is not a previous convict; the alleged recovered quantity is less than commercial; there has been non compliance of mandatory provisions of the Act.

5.

Learned State Counsel does not dispute the said fact.

6.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.