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Judgment
9 paragraphs · 186 wordsRavindra Maithani, J
Applicant is in judicial custody in FIR No. 86 of 2024, under Section 21/8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), (C.N.R. No. UKNA-01-0004742024), Police Station Banbhulpura, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 15.04.2024, 8.24 gram smack was allegedly recovered from the possession of the applicant.
It is the case of the petitioner that alleged recovered quantity is less than commercial; there is no independent witness; there is non compliance of the provisions of the Act; the applicant not a previous convict.
Learned counsel admits that the applicant is not a previous convict.
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.
The bail application is allowed.
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.