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Judgment
9 paragraphs · 249 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.740 of 2023, under Sections 8, 21, 29, 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Patel Nagar, District- Dehradun. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 30.12.2023,, smack and cocaine, in less than commercial quantity, was allegedly recovered from the possession of co-accused, who revealed that they had purchased such substance from the applicant and one more co-accused.
Learned counsel for the applicant would submit that the co-accused, from whose possession the article was allegedly recovered, has already been granted bail; based on the statement of the co-accused, the applicant has been implicated. It is submitted that from the possession of one of the co-accused, cocaine was allegedly recovered, but the Forensic Science Laboratory Report does not confirm it.
Learned State Counsel admits that co-accused have already been granted bail. He would submit that the co-accused has named the applicant as the person from whom he had purchased the substance.
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.
