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Judgment
Alok Kumar Verma, J
Present Application has been filed for grant of regular bail in connection with the Case Crime No.64 of 2023, registered at police station Kankhal, District Haridwar.
The present applicant is in judicial custody under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).
Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. K.S. Bora, learned Deputy Advocate General for State.
As per the First Information Report, on 24.02.2023, 16 grams of smack (Heroin) was recovered from the possession of the present applicant.
Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non-commercial quantity.
On the other hand, Mr. K.S. Bora, learned Deputy Advocate General 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- Arvind alias Fadda 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.