Souteen vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in connection with the First Information Report No.21 of 2023, registered at police station Muni-Ki-Reti, District Tehri Garhwal under Section 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “the Act, 1985”).

According to First Information Report dated 13.03.2023, 470 grams of charas was recovered from the personal search of the present applicant. At that time, 460 grams of charas was also recovered from the co-accused Rakesh Kumar.

Heard Mr. R.P. Singh, learned counsel for applicant and Mr. Dinesh Chauhan, learned Brief Holder for State.

Mr. R.P. Singh, Advocate, contended that nothing was recovered from the possession of the applicant; the said recovery was planted; applicant has not been convicted by any Court; he is a permanent resident of District Haridwar; mandatory provisions of Section 50 of the Act, 1985 were not followed, and, the alleged recovered contraband is non-commercial.

On the other hand, Mr. Dinesh Chauhan, Brief Holder, has opposed the bail application.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 100 grams of charas is small quantity and greater than 1 Kg. of charas is commercial quantity (Entry No.23).

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-Souteen 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.