Sunil 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.17 of 2023, registered at police station Narendra Nagar, District Tehri Garhwal under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

Informant Naval Kishore Gupta, Sub-Inspector, was busy in checking the vehicles along with other police personnel on 25.08.2023. Present applicant and a co-accused Mukesh Kumar were apprehended by the police on suspicion. Applicant told the police that he had charas. He was searched before the Tehsildar. 650 grams of charas was recovered from the personal search of the applicant. He was arrested at 16:00 hrs.

Mr. Vinod Sharma, Advocate, contended that the applicant has been implicated in the present matter. Nothing was recovered from his possession. Mandatory provision of Section 50 of the Act, 1985 was not followed. Co-accused Mukesh Kumar has been granted bail by this Court. Applicant is a permanent resident of District Uttarkashi, therefore, there is no chance of his absconding, he has no criminal antecedents, and the alleged recovered contraband is in non-commercial quantity.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application orally.

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-Sunil 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.