Kapil Dev vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with First Information Report No. 92 of 2023, registered at police station Raiwala, District Dehradun under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

As per First Information Report, informant Sharad Chandra Gusain, Inspector, along with other police personnel was on patrolling duty. On a secret information, applicant was apprehended. He was coming on a scooty (UK07FK-2050). Police party recovered 207 grams of Smack (Heroin) from the dicky of the said scooty. Applicant was arrested at 18:40 hrs on 20.05.2023.

Heard Ms. Divya Jain, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Ms. Divya Jain, Advocate, contended that the applicant has been implicated in the present matter. Nothing was recovered from his possession. Provision of Section 42 of the Act, 1985 was not followed. Applicant is not a previous convict. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, the alleged recovered contraband is non-commercial.

On the other hand, learned counsel for the State has opposed the bail application.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, lesser than 5 grams of Heroin is small quantity and greater than 250 grams of Heroin 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 – Kapil Dev 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.