High CourtsSingle Bench

Savej vs State Of Uttarakhand

Uttarakhand High Court · Decided on 13 June 2023 · Citation: (2023) 06 UK CK 0033

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 2(viia), 2(xxiiia), 8, 20, 60
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1273 Of 2023
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Judgment

9 paragraphs · 281 words

Alok Kumar Verma, J

1.

Present Application has been filed for grant of regular bail in connection with the First Information Report No.0155 of 2023, registered with Police Station Vikasnagar, District Dehradun for the offence under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

2.

According to the First Information Report dated 23.05.2023, on 22.05.2023 at 18:30 hrs, 210 gram of Charas was recovered from the motorcycle of the applicant.

3.

Heard Mr. Ankur Sharma, learned counsel for applicant and Ms. Manisha Rana Singh, learned A.G.A. assisted by Mr. P.S. Uniyal, learned Brief Holder for State.

4.

Mr. Ankur Sharma, Advocate, contended that the applicant has been implicated in this matter; nothing was recovered from his possession; he has no criminal history; he is a permanent resident of District Dehradun, and, he is in judicial custody since 23.05.2023.

5.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, 100 grams of charas is small quantity and greater than 1 Kg. is commercial quantity (Entry No.23).

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant-Savej 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.