Puneet Bagga 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.15 of 2023, registered at police station Mori, District Uttarkashi under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, informant Mohan Singh, Sub-Inspector, was busy in checking the vehicles along with other police personnel on 20.09.2023. Applicant was apprehended. Police party recovered 302 grams of charas from the bag of the applicant. Applicant was arrested at 7:40 hrs. In spite of an endeavour, no independent witness could be secured.

Mr. Lalit Sharma, Advocate, submits that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. Provisions of the Act, 1985 were not followed. Applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application orally.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 1 Kg. of charas is commercial quantity (Entry No.23).

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-Puneet Bagga 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.