High CourtsSingle Bench

Sumit Gangwar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 June 2024 · Citation: (2024) 06 UK CK 0091

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20, 50, 60
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1011 Of 2024
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Judgment

9 paragraphs · 195 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in Case Crime No.22 of 2024, under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Chorgaliya, District- Nainital. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 31.03.2024, 300.61 grams charas was allegedly recovered from the possession of the applicant.

4.

Learned counsel for the applicant would submit that the allegedly recovered quantity is less than commercial; there has been non-compliance of Section 50 of the Act; applicant is not a previous convict.

5.

Learned State Counsel admits that the applicant is not a previous convict, but he would submit that the applicant was involved in three cases in the past.

6.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

7.

The bail application is allowed.

8.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.