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Judgment
Alok Kumar Verma, J
Present Application has been filed for grant of regular bail in respect of First Information Report No. 165 of 2023, registered at police station Kashipur, District Udham Singh Nagar under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘Act, 1985’).
As per FIR dated 26.03.2023, on suspicion, applicant was apprehended. Total 25 injections of 2 ml of Tramadol were recovered from the possession of the present applicant.
Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.
Mr. Abhishek Verma, Advocate, contended that nothing was recovered from the possession of the applicant. The alleged recovery was planted. Applicant has no criminal history. He is a permanent resident of District Udham Singh Nagar and the alleged recovered tramadol is non-commercial.
On the other hand, learned counsel for the State has opposed the bail application. However, he has submitted that the recovered contraband is non-commercial.
As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of tramadol is small quantity and greater than 250 grams of tramadol is commercial quantity (Entry No. 238 ZH).
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 – Adil alias Jumma 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.