Tauhid vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No.474 of 2024, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Bhagwanpur, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 14.06.2024, smack was recovered from three co-accused, but the applicant and co-accused managed to escape, but the two-wheeler of the applicant was taken into custody by the police. The recovered quantity from the three co-accused was less than commercial.

Learned counsel for the applicant would submit that nothing was recovered from the applicant; the recovery, which has been made from the co-accused is bad and is in non-compliance of the provisions of Section 50 of the Act.

Learned State Counsel admits that nothing was recovered from the applicant, but she would submit that the applicant had managed to escape and his scooty was recovered from the place of incident.

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 in the like amount, to the satisfaction of the court concerned.