Mohd. Shakir vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the First Information Report No.82 of 2023, registered at police station Kunda, District Udham Singh Nagar 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 FIR dated 05.04.2023, 12.05 grams of smack (heroin) was recovered from the possession of the present applicant.

Heard Mr. Mani Kumar, learned counsel for applicant and Mr. S.T. Bharadwaj, learned Deputy Advocate General for the State.

Mr. Mani Kumar, Advocate contended that the applicant has been implicated in the present matter. Nothing was recovered from the possession of the present applicant. He is a permanent resident of District Udham Singh Nagar. He is in custody since 05.04.2023. Provisions of the Act, 1985 were not followed, and, the alleged recovered contraband is in non commercial quantity.

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

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. Shakir 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.