Shaukat Ali vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with Case Crime No.208 of 2023, registered at police station Vikasnagar, District Dehradun under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report, 280 grams of charas was recovered from the possession of the present applicant on 17.06.2023.

Heard Mr. Ankur Sharma, learned counsel for applicant through video conferencing and Mr. V.S. Rathore, learned A.G.A. assisted by Mrs. Sangeeta Bhardwaj, learned Brief Holder for the State.

Mr. Ankur Sharma, Advocate has submitted that the applicant has been implicated in this matter; nothing was recovered from his possession; the provisions of the Act, 1985 are not followed; applicant has not been convicted by any court; he is a permanent resident of District Dehradun; he is in custody since 17.06.2023, and, the alleged recovered contraband is non commercial.

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

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23).

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 – Shaukat Ali 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.