Rashid Ali 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.169 of 2023, registered at police station Sahaspur, District Dehradun under Section 8/21/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

As per FIR, informant-Sanoj Kumar, Sub-Inspector, was busy in his patrolling duty along with other police personnel on 03.07.2023. Applicant was apprehended. At that time, he was driving a Swift car. Total 150 grams of Heroin was recovered from his car.

Mr. Rajat Mittal, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his car. The alleged recovery was planted. Mandatory provision of Section 42 of the Act, 1985 was not followed. Applicant has no criminal history, and, the alleged recovered contraband is in non-commercial quantity.

On the other hand, Mr. V.S. Rathour, A.G.A., 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 5 grams of Heroin is small quantity and greater than 250 grams of Heroin is commercial quantity (Entry No.56).

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- Rashid Ali 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.