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Judgment
13 paragraphs · 396 wordsRavindra Maithani, J
Since both these bail applications arise from one and the same FIR, they are decided by this common order.
Applicants are in judicial custody in FIR No. 312 of 2024, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sitarganj, District Udham Singh Nagar. They have sought their release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 25.09.2024, Police raided a medical store of the applicant Rajesh Kumar and interrogated both the applicants. The Police recovered some medicines from the medical store. FIR records that the applicants then revealed that some of the medicines they have kept in their godown, which was just opposite to their medical shop. From their also medicines were recovered.
Learned counsel for the applicants would submit that the applicants have a valid license. Medicines were kept in the store. The medical store is run by the applicant Rajesh Kumar. The applicant Harpal Singh was coincidentally a visitor. Hence, it is a case fit for bail.
Learned State counsel admits that the applicant Rajesh Kumar runs a chemist shop and he has valid drug license for keeping those medicines which were recovered from his shop as well as from his godown.
What is argued is that some of the medicines were recovered from the godown.
It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
The raid was conducted in the medical shop. The applicant Rajesh Kumar has a valid drug license. Both the applicant have been implicated on the ground that some of the medicines were recovered from their godown. It is not a case of sale or otherwise concealment of any medicines.
Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.
The bail applications are allowed.
Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the court concerned.