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Judgment
Ravindra Maithani, J
Delay Condonation Application No. 1 of 2024 is allowed. Delay in filing counter affidavit is condoned. Counter affidavit is taken on record.
Applicant Pyare Lal is in judicial custody in Case Crime No. 19 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act), Police Station Mori, District Uttarkashi. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 01.10.2023, 910 gram charas was allegedly recovered from the applicant.
It is a case of the applicant that he has been falsely implicated; it is a case of non compliance of the provisions of the Act; there is no independent witness; the alleged recovered quantity is less than commercial; he is not a previous convict.
Learned State counsel admits that the applicant is not a previous convict.
Having considered the entirety of facts, this Court is of the view that 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.