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Judgment
11 paragraphs · 336 wordsAlok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with Case Crime No. 259 of 2023, registered at police station Vikasnagar, District Dehradun under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
According to the First Information Report, Sub-Inspector Praveen Kumar Saini, informant, was checking the vehicles along with other police personnel. Applicant was apprehended. At that time, he was sitting in a Swift car, bearing Registration No. UK07FC3726. Police recovered 22 grams of Heroin from the said car. Applicant was arrested at 18:30 hrs on 17.07.2023.
Mr. Ankur Sharma, learned counsel for the applicant through video conferencing.
Mrs. Manisha Rana Singh, learned A.G.A. for the State.
Mr. Ankur Sharma, Advocate, contended that nothing was recovered from the car of the applicant. The said recovery was planted. The provision of Section 42 of the Act, 1985 was not followed. Applicant has no criminal history. He is a permanent resident of District Dehradun, and, the alleged recovered contraband is in non-commercial quantity.
On the other hand, learned counsel for the State has opposed the bail application orally.
As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of Heroin is small quantity and greater than 250 grams of Heroin 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 – Salman 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.