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Judgment
Alok Kumar Verma, J
This Application has been filed by the applicant- accused Ved Prakash for grant of regular bail in connection with the First Information Report No. 163 of 2023, registered at police station Kichha, District Udham Singh Nagar under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “Act, 1985”).
As per the First Information Report, informant Dhirendra Kumar, Station House Officer, was coming from Rudrapur Court along with other police personnel. Seeing the police, applicant and two co-accused persons started running. They were apprehended. 17.20 grams of smack was recovered from the personal search of the applicant. 27.20 grams of smack and 18.60 grams of smack were recovered from the possession of the two co-accused persons. They were arrested at 21:15 hrs. on 13.05.2023.
Heard Mr. M.K. Ray, learned counsel for applicant and Mrs. Manisha Rana Singh, learned AGA with Mr. P.S. Uniyal, learned Brief Holder for the State.
Mr. M.K. Ray, Advocate, contended that applicant has been implicated in the present matter. Nothing was recovered from his possession. Mandatory provisions of Section 50 of the said Act, 1985 were not followed. Applicant is in custody since 13.05.2023. He has not been convicted by any Court. He is a permanent resident of District Udham Singh Nagar. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, co-accused persons have already been granted bail by this 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 5 grams of smack (Heroin) is small quantity and greater than 250 grams of smack is commercial quantity (Entry No.56).
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 – Ved Prakash be released on bail on executing his personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.