Usman vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Usman, who is in judicial custody, in connection with Case Crime No. 248 of 2019, relating to offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as "the Act), Police Station Kotwali Roorkee, District Haridwar has sought his release on bail.

Heard Mr. Pankaj Kumar Sharma, Advocate for the applicant and Mr. Pramod Tiwari, Brief Holder for the State.

According to the FIR, on 03.04.2019, 8.12 gm of smack was recovered from the possession of the applicant.

Learned counsel for the applicant would argue that there is no criminal history of the applicant. The quantity was not commercial. There is no compliance of Section 50 and 51 of the Act, therefore, it is a case fit for bail.

Despite having been given, State has not coming forward to reveal the criminal history, if any, of the applicant. It is categorically stated in Para 17 of the bail application that the applicant has no criminal history.

Having considered the submission, without expressing any opinion as to the final merits of the case and under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be released on bail.

The bail application is allowed. Let the applicant, namely, Usman 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.