Rajendra vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.225 of 2023, registered at police station Bahadrabad, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the allegations of the First Information Report dated 03.06.2023, 198 grams of charas was recovered from the personal search of the present applicant.

Heard Mr. Abhishek Verma, learned counsel for applicant and Mr. B.P.S. Mer, learned Brief Holder for the State.

Mr. Abhishek Verma, Advocate contended that the applicant has been falsely implicated in the present matter; nothing was recovered from his possession; mandatory provisions of Section 50 of the Act, 1985 were not followed; alleged recovered contraband is non commercial; applicant has no criminal history; he is a permanent resident of District Haridwar, and, he is in custody since 03.06.2023.

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

As per Table prepared under 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 01 Kilogram 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 – Rajendra 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.