Nazim 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.264 of 2023, registered at police station Bahadarabad, District Haridwar 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, informant Ashok Sirswal, Sub-Inspector, along with other police personnel was present at old Pathri Power House. They saw the applicant. On suspicion, he was apprehended at 20:39 hrs. He was searched before the Circle Officer of police, Jawalapur. On his personal search, 81.50 grams of smack (Heroin) was recovered. He was arrested at 21:45 hrs on 26.06.2023.

Mr. Dheeraj Joshi, Advocate, contended that the applicant is an innocent person. Nothing was recovered from his possession. He has been falsely implicated in the present matter. The said recovery was planted. Applicant is a permanent resident of District Shahjahanpur, therefore, there is no chance of his absconding. He has no criminal history and the alleged recovered contraband is non-commercial.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application. However, she has fairly submitted that there is nothing on record to suggest that the applicant had earlier been involved in any unacceptable activity.

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).

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- Nazim 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.