Shehjad Alias Dinna 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. 189 of 2023, registered at police station Vikas Nagar, District Dehradun for the offence under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).

As per the allegations of the First Information Report, 210 grams of charas was recovered from the possession of the present applicant.

Heard Mr. Ankur Sharma, learned counsel for applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Ankur Sharma, Advocate, has submitted that applicant has been implicated in this matter; nothing was recovered from his possession; mandatory provisions of Section 50 of the Act, 1985 have not been followed; applicant has no criminal history; he is a permanent resident of District Dehradun and he is in custody since 06.06.2023.

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 100 grams of charas is small quantity and greater than 1 Kg. 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 – Shehjad alias Dinna 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.