High CourtsSingle Bench

Shaheed Hussain vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 April 2024 · Citation: (2024) 04 UK CK 0036

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 22
RESULT
Allowed
CASE NUMBER
First Bail Application No. 241 Of 2024
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Judgment

9 paragraphs · 229 words

Ravindra Maithani, J

1.

Applicant Shaheed Hussain is in judicial custody in Case Crime No. 367 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kaliyar Sharif, District Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 21.09.2023 narcotic substance Alprazolam in commercial quantity was recovered from the applicant.

4.

Learned counsel for the applicant would submit that the applicant has been unwell. He was granted short term bail. He still needs time get his medical condition well.

5.

Learned State counsel would submit that alleged recovered quantity was sent for examination to the State Analyst and as per report, the recovered quantity was not tested for the Alprazolam. She would submit that the recovered substance has been sent for further examination to the Central Forensic Laboratory.

5.

Since State Analyst had reported that there was not Alprazolam in the recovered substance, in view of it, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.

6.

The bail application is allowed.

7.

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.