Court allowed bail application of an applicant in a narcotics case under Section 22 of the NDPS Act without commenting on merits, directing execution of a personal bond and two sureties.
Bail allowed on executing a personal bond and two sureties, each in the like amount, to the satisfaction of the Special Judge/Court.
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 1 8 7 1 / 2 0 2 1 Hon’ble N.S. Dh an ik , J. Mr. Mani Kumar, Advocate, for the applicant. Mr. Pramod Tiwari, Brief Holder, for the State. |
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| Applicant is in jail in connection with FIR No. 111/ 2021, under Section 8/ 22 of the NDPS Act, PS Kilakhera, District Udham Singh Nagar. Hence, the present bail application has been moved. |
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| Learned Counsel for the applicant would submit that the applicant has been falsely implicated; that 8.60 grams smack was allegedly recovered which is though above the small quantity but is less than commercial quantity; that there is no independent witness of the alleged recovery; that the confessional statement cannot be read against the accused person; that the compliance of the necessary and mandatory provisions of the NDPS Act have not been made; and that the applicant has no previous criminal history. |
| Learned | State Counsel w |
ould |
|---|---|---|
| contend that the | recovery has been m | ade |
| from the applica | nt. However, he ad | mits |
| that there is no p the applicant. Having h |
revious criminal histor eard learned Counsel |
y of for |
| the parties, co | nsidering the facts | and |
| circumstances of | the case, and without | any |
| comment on the | merits of the case, | the |
| Court is of the | view that the appli | cant |
| deserves bail at the bail applicatio Let the ap |
this stage. Conseque n is allowed. plicant be released on |
ntly, bail |
| on his executing | a personal bond and | two |
| sureties, each in | the like amount, to | the |
| satisfaction of concerned. Pr |
Special Judge/ C ( N.S. Dh an ik , J 5 .8 .2 0 2 1 |
ourt .) |
1 issue framed by the court
Whether bail should be granted under the NDPS Act considering the quantity seized and other circumstances.
Applicant
State
N.S. Dh an ik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
