Sonam vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.304 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 (for short, “Act, 1985”).

As per the First Information Report, informant Praveen Kumar Saini, Sub-Inspector, was busy in the patrolling duty. On suspicion, applicant was arrested. Police party recovered 140 grams of charas from the possession of the applicant. She was arrested at 16:30 hrs. on 08.08.2023.

Heard Mr. Ankur Sharma, learned counsel for the applicant through video conferencing and Mr. K.S. Bora, learned Deputy Advocate General for the State.

Mr. Ankur Sharma, Advocate, contended that nothing was recovered from the possession of the applicant. She has been falsely implicated in the present matter. Provisions of the Act, 1985 have not been followed. Applicant is not a previous convict. She is a permanent resident of District Dehradun. The alleged recovered contraband is non-commercial.

On the other hand, Mr. K.S. Bora, learned Deputy Advocate General for the State, has opposed the bail application.

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 – Smt. Sonam be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.