Sagar Kashyap vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of the First Information Report No.98 of 2023, registered at police station Pulbhatta, District Udham Singh Nagar under Section 8/18/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

According to the First Information Report, 113 grams of Opium and 1.5 Kg. of Poppy straw were recovered from the possession of the present applicant.

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

Mr. Vikas Anand, Advocate has submitted that the applicant has been falsely implicated; nothing was recovered from his possession; provisions of the Act, 1985 were not followed; alleged recovered contrabands are non commercial; applicant is a permanent resident of District Udham Singh Nagar; he is in custody since 24.05.2023 and he has not been convicted by any court.

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

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 25 grams of Opium is small quantity and greater than 2.5 Kg. of Opium is commercial quantity (Entry No.92). According to the said Table, lesser than 1000 grams of Poppy straw is small quantity and greater than 50 Kg. of Poppy straw is commercial quantity (Entry No.110).

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 – Sagar Kashyap 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.