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Judgment
10 paragraphs · 335 wordsAlok Kumar Verma, J
Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No.113 of 2023, registered at police station Khankhal, District Haridwar under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “Act, 1985”).
As per the allegations of the First Information Report dated 06.04.2023, informant Upendra Singh, Sub-Inspector, was busy in checking the vehicles along with other police personnel on 05.04.2023. Applicant was apprehended on suspicion. Police party recovered 150 grams of charas from his possession. He was arrested at 22:50 hrs.
Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. M.K. Chand, learned AGA 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. Provisions of the Act, 1985 were not followed. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the alleged recovered contraband is non-commercial.
On the other hand, Mr. M.K. Chand, learned AGA 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 100 grams of charas is small quantity and greater than 01 Kilogram 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 – Rishipal 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.