Nazir Raza vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No. 89 of 2023, registered at police station Lalkua, District Nainital under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

As per FIR, informant Somendra Singh, Sub-Inspector, along with other police personnel were busy in patrolling duty on 14.04.2023. On suspicion, applicant was apprehended. A total of eight injections of Buprenorphine were recovered from the possession of the present applicant. He was arrested.

Heard Mrs. Sheetal Selwal, learned counsel for the applicant and Mr. V.S. Rathore, learned A.G.A. along with Ms. Sangeeta Bhardwaj, learned Brief Holder for the State.

Mrs. Sheeta Selwal, Advocate, has submitted that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. There is no public witness in the alleged recovery proceedings. Applicant has no criminal history. He is in custody since 14.04.2023. He is a permanent resident of District Nainital, therefore, there is no apprehension of his absconding, and, the alleged contraband is non-commercial.

Learned counsel for the State has opposed the bail application. He contended that a total of 16 grams of Buprenorphine were recovered from the possession of the present applicant. However, he fairly submitted that the applicant has no criminal history.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 1 gram of Buprenorphine is small quantity and greater than 20 grams of Buprenorphine is commercial quantity (Entry No. 169).

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 – Nazir Raza 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.