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.06 of 2024, registered at police station Bahadrabad, District Haridwar.

The present applicant is in judicial custody under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

Heard Mr. Gaurav Singh, Advocate for the applicant through video conferencing and Mr. Bhaskar Chandra Joshi, A.G.A. for the State.

As per the First Information Report dated 07.01.2024, the police party recovered 554 grams of Charas from the possession of the applicant.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non - commercial quantity.

Mr. Bhaskar Chandra Joshi, learned A.G.A. has opposed the Bail Application orally.

As per the 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, no reason is found 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.