Raju Sharma @ Nanga 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.840 of 2023, registered at police station Kotwali Nagar, District Haridwar.

The present applicant is in judicial custody under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, on 20.12.2023, 4.5 kilogram Ganja was recovered from the possession of the present applicant.

Heard Mr. Gaurav Singh, Advocate, for the applicant through video conferencing and Mr. Bhaskar Chandra Joshi, A.G.A. for the State.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The mandatory provision of the Act, 1985 was not followed. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered contraband is in non-commercial quantity.

Mr. Bhaskar Chandra Joshi, learned A.G.A. has opposed the Bail Application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said 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, no reason is found 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 – Raju Sharma @ Nanga 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.