The court granted bail to the accused in a bail application under the NDPS Act. Relying on the lack of prior criminal history and the quantity of drugs being below the commercial threshold, the court disposed of the application without delving into merits.
Application allowed; accused directed to be released on personal bond with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.173 of 2021 Hon’ble R.C. Khu lbe, J. |
|||
| Mr. Kurban Ali and Ms. Lubhna Jahan, learned counsel for the applicant. Mr. V.S. Rathore, learned A.G.A. for the State. Accused – Pushpendra Kumar Singh has sought his release on bail in connection with Case Crime/ FIR No.9 of 2021, u/ s 8/ 21 NDPS Act, registered at Thana Kotwali Roorkee, District- Haridwar. It is argued that the accused has been falsely implicated; only 9.22 gram smack was recovered from his possession; he has no criminal history; there is no independent witness of the alleged recovery; he is ready to furnish the sureties; and he may be granted bail. Per contra, learned counsel for the State although opposed for bail but fairly admitted that there is no criminal history against the accused. As per the FIR, only 9.22 gram smack including polythene was recovered from his possession; there is no criminal history against him; the recovered smack does not come within the definition of commercial quantity, accordingly, |
| without going into merits is a fit case for bail at this |
of the case, it stage. |
|---|---|
| Accordingly, the application is allowed and |
present bail the applicant is |
| directed to be released executing personal bond two reliable sureties in th to the satisfaction o concerned. Pending application, disposed of. |
on bail on his and furnishing e like amount, f the Court if any, stands |
| ( R.C. 02 Sukhbant |
Kh u lbe, J.) .0 3 .2 0 2 1 |
2 issues framed by the court
Whether the accused is a fit case for bail given the quantity of smack recovered and lack of prior criminal history.
Whether the offence involving 9.22 grams of smack falls under commercial quantity under the NDPS Act.
1 provisions across 1 enactments
Pushpendra Kumar Singh
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
