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Judgment
Ravindra Maithani, J
Applicant Mahfooj Khan is in judicial custody in FIR No.931 of 2023, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Kotwali Laksar, District-Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 02.11.2023, 110 grams smack was allegedly recovered from the possession of the applicant.
It is the case of the applicant that he is innocent; nothing was recovered from him; there is no forensic report; it is the case of non compliance of the provisions of the Act; the alleged recovered quantity is less than commercial; he is not a pervious convict.
Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant 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.