High CourtsSingle Bench

Sajid vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 September 2022 · Citation: (2022) 09 UK CK 0053

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2034 Of 2022
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Judgment

10 paragraphs · 211 words

Ravindra Maithani, J

1.

Applicant- Sajid is in judicial custody in Case Crime No. 778 of 2022, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (“the Act”), Police Station Bhagwanpur, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 16.08.2022, 40.64 grams smack was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he has been falsely implicated. There has been non compliance of the provisions of the Act. The allegedly recovered smack is below the commercial quantity.

5.

Learned State Counsel would submit that bail rejection order reveals that applicant has a history.

6.

To this, learned counsel for the applicant would submit that he is on bail on those cases and he is not a previous convict.

7.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

8.

The bail application is allowed.

9.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.