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Vaheed And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 January 2024 · Citation: (2024) 01 UK CK 0024

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 60
RESULT
Allowed
CASE NUMBER
First Bail Application No. 22 Of 2024
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Judgment

9 paragraphs · 214 words

Ravindra Maithani, J

1.

Applicants Vaheed and Mohammad Hasan are in judicial custody in FIR No.1071 of 2023, under Section 8/60/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Laksar, District- Haridwar. They have sought their release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 18.12.2023, 100 grams smack was allegedly recovered from the applicant Vaheed and 50.08 grams smack was allegedly recovered from the applicant Mohammad Hasan.

4.

It is the case of the applicants that the case is false; nothing was recovered from them; ; there has been non-compliance of the provisions of the Act; the alleged recovered quantity is less than commercial; they are not previous convict.

5.

Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicants.

6.

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

7.

The bail application is allowed.

8.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the court concerned.