Saajda Alias Kakdi 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.382 of 2023, registered at police station Vikasnagar, District Dehradun 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 dated 25.09.2023, Sub Inspector Praveen Kumar Saini, informant, was busy in checking the vehicles along with other police personnel. On suspicion, applicant was apprehended. Police party recovered 240 grams charas from her possession. She was arrested at 07:40 hrs.

Heard Mr. Ankur Sharma, learned counsel for applicant through video conferencing and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Ankur Sharma, Advocate, submits that the applicant, aged about 50 years, has been falsely implicated in the present matter. Nothing was recovered from her possession. She is a permanent resident of District Dehradun, therefore, there is no chance of her absconding, and, the alleged recovered contraband is in non commercial quantity.

Mrs. Manisha Rana Singh, learned A.G.A. 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 – Saajda alias Kakdi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.