Urmila vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.183 of 2023, registered at police station Kotwali Ranipur, District Haridwar under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act’, 1985).

As per the First Information Report, 6 Kg. 110 grams of Ganja was recovered from the possession of the present applicant on 21.04.2023.

Heard Mr. Raj Kumar Singh, learned counsel for applicant and Mr. V.S. Rathore, learned A.G.A. assisted by Mrs. Sangeeta Bhardwaj, learned Brief Holder for the State.

Mr. Raj Kumar Singh, Advocate contended that the applicant-Smt. Urmila, aged about 60 years, has been falsely implicated in the matter; nothing was recovered from her possession; the said recovery was planted; applicant has no criminal history; the provisions of the Act, 1985 are not followed, applicant is in custody since 21.04.2023, and, the alleged contraband is non-commercial.

On the other hand, Mr. V.S. Rathore, A.G.A. for the State has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 1000 grams of Ganja is small quantity and greater than 20 Kg. of Ganja is commercial quantity (Entry No.55).

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. Urmila 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.