High CourtsSingle Bench

Vikas Kumar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 19 December 2023 · Citation: (2023) 12 UK CK 0139

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2710 Of 2023
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Judgment

9 paragraphs · 200 words

Ravindra Maithani, J

1.

Applicant Vikas Kumar is in judicial custody in FIR No.20 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Mori Uttarkashi, District- Uttarkashi. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 21.10.2023, 520 grams charas was allegedly recovered from the possession of the applicant.

4.

It is the case of the applicant that he is innocent; the alleged recovered quantity is less than commercial; there has been no forensic report; it is a case of non-compliance of the provisions of the Act; he is not a previous convict.

5.

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

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.