Raja Alias Irfan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with Case Crime No. 105 of 2023, registered at police station Bahadrabad, District Haridwar under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

On 03.04.2023, informant Pankaj Kumar, Sub-Inspector was on patrolling duty along with other police personnel. On secret information, applicant was apprehended. Total 8.110 Kg. of ganja was recovered from the possession of the present applicant.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate, has submitted that the applicant has been implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. Applicant has not been convicted by any Court. He is in custody since 03.04.2023. He is a permanent resident of District Haridwar, and, the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State has opposed the bail application.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 1000 grams of Ganja is small quantity and greater than 20 Kg. of Ganja is commercial quantity (Entry No. 55).

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 – Raja alias Irfan 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.