High CourtsSingle Bench

Shahbaz vs State Of Uttarakhand

Uttarakhand High Court · Decided on 24 January 2023 · Citation: (2023) 01 UK CK 0153

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29, 60, 27A
RESULT
Allowed
CASE NUMBER
First Bail Application No. 212 Of 2023
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Judgment

9 paragraphs · 216 words

Ravindra Maithani, J

1.

Applicant-Shahbaz is in judicial custody in Case Crime No.316 of 2021, under Sections 8/21/29/60/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Vikasnagar, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.

3.

According to the FIR, on 13.07.2021, 5.46 gm. smack was allegedly recovered from the co-accused and it is they who revealed the name of the applicant, as a person, from whom they purchased.

4.

Learned counsel for the applicant would submit that the co-accused from whose possession smack was allegedly recovered has already been granted bail and the applicant is not a previous convict.

5.

Learned State Counsel would submit that, in fact, the person from whom the alleged smack was recovered named the applicant and revealed the mobile number of the applicant.

6.

Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

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.