Rohit Chauhan vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.52 of 2023, registered at police station Raiwala, District Dehradun under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report, 31.50 grams of smack was recovered from the personal search of the applicant.

Heard Mr. Bhuwan Bhatt, learned counsel for applicant and Mr. V.S. Rathore, learned AGA with Ms. Sangeeta Bharadwaj, learned Brief Holder for the State.

Learned counsel for the applicant contended that the applicant has been implicated in the matter; nothing was recovered from his possession; mandatory provisions of the Act, 1985 were not followed; the alleged recovered contraband is non-commercial; applicant is a permanent resident of District Haridwar; he is in custody since 22.03.2023, and, he has no criminal history.

On the other hand, learned counsel for the State has opposed the bail application orally. However, he conceded that as per instructions, received from the concerned police station, applicant has no criminal history.

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 – Rohit Chauhan 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.