Vijay Singh Negi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of the First Information Report No.110 of 2023, registered at police station Mukhani, District Nainital under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per FIR dated 27.04.2023, 102 grams of smack (heroin) was recovered from the possession of the present applicant.

Heard Mr. Harshit Sanwal, learned counsel for applicant and Ms. Manisha Rana Singh, learned AGA for the State.

Mr. Harshit Sanwal, Advocate contended that the applicant has been implicated in the present matter; nothing was recovered from the possession of the present applicant; he is a permanent resident of District Almora; he is in custody since 27.04.2023; mandatory provisions of Section 50 of the Act, 1985 were not followed, and, the alleged recovered contraband is non commercial.

On the other hand, learned counsel 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 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).

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 – Vijay Singh Negi 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.