Sameer 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.580 of 2023, registered at police station Kotwali Gangnahar, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

On 11.10.2023, informant Sunil Ramola, Sub-Inspector, was busy in patrolling duty in the area of his police station along with other police personnel. Applicant was coming on a car (Swift Dzire Registration No. UK 14C5213). On suspicion, he was apprehended. He was searched by the police party. 14.50 grams of Smack was recovered from his personal search. He was arrested at 20.05 hrs.

Mr. Gaurav Singh, Advocate, submits that the applicant has been falsely implicated in the present matter. He has no criminal antecedents. Nothing was recovered from his possession. The said recovery was planted. Applicant is a permanent resident of District, Haridwar. The mandatory provision of Section 50 of the said Act, 1985 was not followed, and, the alleged recovered articles were in non-commercial quantity.

Mrs. Manisha Rana Singh, A.G.A., 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 5 grams of Heroin (Smack) 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- Sameer 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.