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Judgment
Ravindra Maithani, J
Applicant Vatsal Bisht is in judicial custody in Case Crime No.143 of 2023, under Section 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act), Police Station- Kathgodam, District-Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 16.09.2023, 10.28 grams smack was recovered from the possession of the applicant.
It is the case of the applicant that nothing was recovered from him; his detention is illegal; it is a false case; there has been non-compliance of the provisions of the Act; the alleged recovered quantity is less than commercial; he is not a previous convict.
Learned State Counsel would submit that though the applicant is not a previous convict, but there were some cases pending against him in the past.
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 of the like amount, to the satisfaction of the court concerned.