Rajkumar 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.002 of 2023, registered at police station Kotwali Uttarkashi, District Uttarkashi under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR dated 19.01.2023, applicant was apprehended by the police. At that time, he was sitting in a car along with co-accused. 700 grams of charas was recovered from the personal search of the applicant.

Mr. Mukesh Kumar Kaparuwan, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from the possession of the applicant. Mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant has no criminal history. He is in custody since 19.01.2023, and, the alleged recovered contraband is in non-commercial quantity.

On the other hand, 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-Rajkumar 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.