Sonu Kumar 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.237 of 2023, registered at police station Piran Kaliyar, District Haridwar under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

As per allegations of the First Information Report, 95.01 grams of charas was recovered from the personal search of the applicant.

Heard Mr. Faizan Ali, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for applicant and Mr. Dinesh Chauhan, learned Brief Holder for State.

Mr. Faizan Ali, Advocate, contended that the applicant has been falsely implicated in the present matter; the alleged contraband was not recovered from the possession of the applicant; the alleged recovered contraband is non-commercial; mandatory provisions of Section 50 of the Act, 1985 were not followed; applicant has no criminal history; he is a permanent resident of District Haridwar, and he is in custody since 31.05.2023.

Mr. Dinesh Chauhan, Brief Holder, has opposed the bail application.

As per the Table prepared in terms of 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 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-Sonu Kumar 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.