Shahnawaz vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with Case Crime No. 371 of 2023, registered at police station Bahadrabad, District Haridwar under Section 8/21/60 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per the First Information Report, Sub-Inspector Pankaj Kumar, informant, was busy in his patrolling duty along with other police personnel. Applicant was apprehended on a secret information. He informed the police that he had smack. On his request, Circle Officer of police was informed. Applicant was searched before the Circle Officer. 18.70 grams of smack (Heroin) was recovered from his personal search. He was arrested at 23:50 hrs.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. M. K. Chand, learned A.G.A. along with Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, submits that the alleged smack was not recovered from the possession of the applicant. He has been falsely implicated by the police. Provisions of the Act, 1985 have not been followed. Applicant has no 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.

On the other hand, learned counsel for the State has opposed the bail application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of Heroin is small quantity and greater than 250 grams of Heroin is commercial quantity (Entry No.56).

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.

The Bail Application is allowed.

Let the applicant – Shahnawaz 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.