High CourtsSingle Bench

Nadeem Khan vs State Of Uttarakhand

Uttarakhand High Court · Decided on 15 February 2023 · Citation: (2023) 02 UK CK 0067

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Allowed
CASE NUMBER
First Bail Application No. 330 Of 2023
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Judgment

9 paragraphs · 191 words

Ravindra Maithani, J

1.

Applicant-Nadeem Khan is in judicial custody in FIR No.41 of 2023, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (the Act), Police Station Bajpur, District Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 27.01.2023, 41.02 grams smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he has falsely been implicated; there has been non-compliance of the provisions of the Act; there is no independent witness and he is not a pervious convict.

5.

Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.

6.

Having considered, this Court is of the view that it is a case fit for bail. Accordingly, 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 personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the court concerned.