Shiva Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application for grant of regular bail in connection with the First Information Report No.217 of 2023, registered at police station Ranipur, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report, 27.08 grams of smack was recovered from the personal search of the applicant on 14.05.2023. He was arrested at 23:54 hrs.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Learned counsel for the applicant has submitted that nothing was recovered from the possession of the present applicant; he has been falsely implicated; mandatory provisions of the said Act, 1985 were not followed; applicant has not been convicted by any Court; he is in custody since 14.05.2023; he is a permanent resident of District Haridwar 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 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack 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 – Shiva Sharma 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.