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Judgment
9 paragraphs · 192 wordsRavindra Maithani, J
Applicant Shabbu Alias Shabbu Ali is in judicial custody in FIR No. 5 of 2024, under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Tallital, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 24.03.2024 400 grams charas was allegedly recovered from the possession of the applicant.
It is the case of the applicant alleged recovery quantity is less than commercial; there is no independent witness; there is a non compliance of the provisions of the Act; he is not a previous convict.
Learned State counsel would submit that though the applicant has a criminal history, but he is not a previous convict.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
The bail application is allowed.
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.