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Judgment
10 paragraphs · 330 wordsAlok Kumar Verma, J
Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.18 of 2023, registered at police station Kotwali Roorkee, District Haridwar under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
As per the First Information Report, on 06.01.2023, informant-Rohit Kumar, Sub-Inspector, along with other police personnel was busy in checking. On suspicion, present applicant was apprehended. 47.10 grams of smack (Heroin) was recovered from his personal search.
Heard Mr. R.P. Singh, learned counsel for applicant and Mr. Dinesh Chauhan, learned Brief Holder for the State.
Mr. R.P. Singh, Advocate has submitted that the applicant has been falsely implicated in the present matter; nothing was recovered from his possession; the alleged recovery was planted; applicant has no criminal history; he is a permanent resident of District Haridwar and the alleged recovered contraband is in non-commercial quantity.
On the other hand, learned counsel for the State has opposed the bail application. However, he submitted that the applicant has no criminal history.
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 – Vikash alias Aakash 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.