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Judgment
10 paragraphs · 335 wordsAlok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with the Case Crime No.0265 of 2023, registered at police station Bahadrabad, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
As per the First Information Report, the informant-Ashok Sirswal, Sub Inspector, alongwith other police personnel was busy in checking the vehicles on 26.6.2023. On suspicion, applicant was apprehended. He was searched by the police party. The police party recovered 71.10 grams of smack (Heroin) from his personal search. He was arrested at 21.45 hrs.
Heard Mr. Mohd. Safdar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.
Mr. Mohd. Safdar, Advocate contended that the applicant has been implicated in the present matter. Nothing was recovered from his possession. Mandatory provision of Section 50 of the Act, 1985 was not followed. The said recovery was planted. Applicant has no criminal antecedent, and, the alleged recovered contraband is non-commercial.
Learned counsel for the State has opposed the bail application.
As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack 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-Rihan Ali be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.