Nagendra Singh 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.302 of 2023, registered at police station Bazpur, District Udham Singh Nagar under Section 8/18/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, police party was on patrolling duty. Applicant was apprehended. He was sitting in a vehicle. On search, 1.04 Kg. of opium was recovered from the said car. Applicant was arrested at 20.40 hrs on 28.06.2023.

Mr. Vikas Kumar Guglani, Advocate, contended that the applicant has been falsely implicated. Nothing was recovered from his possession. The said recovery was planted. Mandatory provision of Section 42 the Act, 1985 was not followed. Applicant has no criminal history, and, the said contraband is in non commercial quantity.

On the other hand, Mr. V.S. Rathore, A.G.A., has opposed the bail application.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 25 grams of opium is small quantity and greater than 2.5 Kg. of opium is commercial quantity (Entry No.92).

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-Nagendra Singh 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.