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Judgment
13 paragraphs · 235 wordsSudhanshu Dhulia, J. (Oral)
Heard Mr. Niranjan Bhatt, Advocate, for the applicant and Ms. Meena Bisht, Brief Holder for the State of Uttarakhand.
The applicant is in jail having been implicated in FIR No.9 of 2018, which has been registered under Sections 8/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, at Police Station â€" Kotwali Uttarkashi, District-Uttarkashi.
The quantity of “Charas†alleged to have been recovered from the applicant is 1 Kg 250 Grams. The contention of the applicant is that there is no
independent witness which the police could have easily procured. Moreover, Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985
has not been complied with while conducting the search and thus the recovery itself is very doubtful.
Considering the overall evidence, which is presently available before this Court and the fact that the applicant is in jail since 02.02.2018, prima facie,
the applicant has been able to make out a case for bail. The bail application is allowed accordingly.
Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the
satisfaction of the Special Judge/Court concerned.
It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application. It shall not be taken into
consideration at all in any other proceedings.