Bal Chand vs State Of Uttarakhand

Ravindra Maithani, J

The applicant â€" Bal Chand is in custody in Crime No. 02 of 2018 under Section 8 r/w Section 18 of the Narcotics, Drugs and Psychotropic

Substances Act, 1985 at Patwari Chouki Netwar, District Uttarkashi. The applicant has sought his release on bail.

Heard learned counsel for the parties and perused the records.

According to the case, on 12.05.2018, officers from the Narcotics Control Bureau, including the Revenue Sub-Inspector, visited Village Nuranu.

There they found that Opium Poppy was being cultivated. The fields were recorded in the names of many tenure holders including the present

applicant. The raiding team took 100 grams sample from each field and destroyed the crop.

Mr. Pradeep Chamyal, learned counsel for the applicant, would submit that the field was not in the exclusive possession of the applicant. The

applicant was not personally present and the alleged recovered quantity is less than commercial quantity. It is also argued that in a similarly placed

case, accused has already been granted bail in Bail Application No. 854 of 2019. Therefore, it is argued that it is a case fit for bail.

Mr. Atul Arya, learned Assistant Government Advocate, would admit the fact that in a similarly placed case another accused has, in fact, been

released on bail.

Having considered the rival submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be

released on bail.

The bail application is, accordingly, allowed.

Let the applicant â€" Bal Chand 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.