Court granted bail to the applicant in an NDPS case involving possession of 0.5 gram Alprazolam, noting it as a small quantity with no prior criminal history of the accused.
Release on bail on execution of personal bond and furnishing two local reliable sureties.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction
Dated: Nainital: the 27th day of March, 2014 Ist Bail Application No. 56 of 2014
Order on the Bail Application: CRIMINAL SIDE
| Ramesh Chandra | …… |
Applicant |
|---|---|---|
| Versus | ||
| State of Uttarakhand | …… |
Opposite Party |
Arising out of Crim |
e No.338 / 2013 | |
| Under Sections: Police Station: District: |
8/22 of N.D.P.S. Act Kotwali, Roorkee Haridwar. |
Hon’ble U.C. Dhyani, J.
Mr. Subhash Tyagi Bhardwaj, Advocate for the applicant.
Mr. S.S. Adhikari Brief Holder for the respondent
State.
Applicant Ramesh Chandra, who is in jail in connection with case crime no. 338 of 2013, in respect of offence punishable under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, relating to Police Station, Kotwali, Roorkee, District Haridwar has sought his release on bail.
Heard learned counsel for the parties, perused the documents on record and considered the grounds taken up in the bail application.
Upto five grams of Alprazolam is in the small quantity as per the Notification appended to the Narcotic Drugs and Psychotropic Substances Act, 1985, specifying small quantity and commercial quantity. Commercial quantity of Alprazolam starts from 100 gms. Accused-
2
applicant was alleged to have been found in possession of 0.5 gm. of Alprazolam, which is a small quantity.
Applicant has no previous criminal history and he is in jail since 11.12.2013. Learned counsel for the applicant submitted that the applicant is ready to furnish local reliable sureties if he is enlarged on bail.
In view of the above facts and circumstances, a case for bail is made out in favour of the present applicant.
The bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two local reliable sureties, each of the like amount to the satisfaction of Special Judge (NDPS), Roorkee.
Dt. March 27, 2014. Negi
2 issues framed by the court
Whether bail is maintainable in a case under Sections 8/22 of the NDPS Act involving a small quantity of possession.
Whether the applicant, having no prior criminal record and possessing the drug in small quantity, is entitled to bail.
1 provisions across 1 enactments
Ramesh Chandra
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
