Naveen Kumar 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.170 of 2023, registered at police station Dalanwala, District Dehradun. Applicant is in judicial custody under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report dated 16.08.2023, Kusumlata Purohit, Sub-Inspector, along with other police personnel was busy in checking the vehicles. Applicant was seen coming from Bullet without a helmet. He was apprehended. On suspicion, he was searched. Police party recovered 5.11 grams Smack (Morphine) from his personal search.

Mr. Abhishek Grover, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. Applicant has not been convicted of any offence by any Court. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. The mandatory provision of Section 50 of the Act, 1985 was not followed, and, the alleged recovered contraband is non-commercial.

On the other hand, Mr. Rakesh Negi, has opposed the bail application. He has submitted that the Smack is a slang name of Heroin.

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) and lesser than 5 grams of Morphine is small quantity and greater than 250 grams of Morphine is commercial quantity (Entry No.77).

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- Naveen Kumar 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.