Rinku Devi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with Case Crime No. 326 of 2023, registered at police station Rishikesh, 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 Jagat Singh, Sub-Inspector, was busy on patrolling duty along with other police personnel. Applicant was coming on a scooty. She was a pillion rider. On suspicion, she was apprehended. The police party recovered 20 grams of smack (Heroin) from her personal search. She was arrested at 19:40 hrs on 06.07.2023.

Heard Mr. Sagar Kothari, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Sagar Kothari, Advocate, contended that the applicant has been implicated in the present matter. Nothing was recovered from her possession. The alleged recovery was planted. Mandatory provision of Section 50 of the Act, 1985 was not complied with. Applicant is not a previous convict. She is a permanent resident of District Dehradun, therefore, there is no chance of her 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 – Smt. Rinku Devi be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.