Rahish 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.322 of 2023, registered at police station SIDCUL, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR, informant Sandeep Chauhan, Sub-Inspector, along with other police personnel was busy in maintaining the peace. On suspicion, applicant was apprehended. 182 grams of charas was recovered from his possession. He was arrested at 22:10 hrs on 12.06.2023.

Mr. Bilal Ahmed, Advocate, contended that the applicant has been falsely implicated. Nothing was recovered from his possession. He is a permanent resident of District Haridwar, and, the alleged recovered contraband is in non-commercial quantity.

Mr. P.S. Uniyal, Brief Holder, 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-Rahish 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.