Mohd. Shahjad vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.646 of 2023, registered at police station Kotwali Laksar, District Haridwar under Section 8 read with Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, on a secret information, the applicant was apprehended by the police party. They recovered 50 grams of Smack (Heroin) from the personal search of the present applicant. Applicant was arrested at 19.00 hrs. on 08.08.2023.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate contended that the applicant has been implicated in the present matter. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State has opposed the bail application orally. However, he has fairly conceded that the applicant has no criminal history.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) 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. Shahjad be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.