Mohit Kandpal 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.286 of 2023, registered at police station Mukhani, District Nainital.

Applicant is in judicial custody under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report dated 11.10.2023, informant – Shivendra Singh Negi, the Sub-Inspector, was present on his patrolling duty along with other police personnel. On suspicion, applicant was apprehended. Police party recovered 34 grams smack (Heroin) from his possession. He was arrested at 14:45 hours.

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

Ms. Sheetal Selwal, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. Mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant does not have any criminal antecedents. He is in custody since 11.10.2023, and, he is a permanent resident of District Nainital, therefore, there is no chance of his absconding.

Mrs. Manisha Rana Singh, learned A.G.A. 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 (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, no reason is found 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 – Mohit Kandpal 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.