Hon'ble N.S. Dhanik, J. allowed first bail application in NDPS case. Court held applicant deserves bail at this stage without expressing opinion on final merits.
Released on personal bond and furnishing two reliable sureties of like amount.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No. 357 of 2022 Hon’ble N.S. Dh an ik , J . Mr. Vinod Sharma, learned counsel for the applicant. Mr. Amit Bhatt, learned Deputy Advocate General for the State of Uttarakhand. Heard learned counsel for the parties. This is first bail application moved on behalf of the applicant seeking regular bail in connection with Case Crime No. 28 of 2021 for the offence punishable under Sections 8/ 20 of N.D.P.S. Act registered at P.S. Narendra Nagar, District Tehri Garhwal. I t is argued by learned counsel for the applicant that the applicant has been falsely implicated; that the applicant has no criminal history; and that he is languishing in jail since 24.12.2021. He further argued that mandatory provisions of NDPS Act have not been complied with; and that the_contraband_has been allegedly recovered is below the commercial quantity. Learned State Counsel argued that in compliance of order dated 22.02.2022 passed by a Co-ordinate Bench of this Court, it is reported that the weight of the contraband is 890 grams and apart of it, 100 grams of contraband was taken as sample to FSL, however, the total amount of contraband is 990 gram, which is below the commercial quantity too. Hefurtheradmits that the applicant |
| has no criminal history. |
|---|
| Considering the facts and |
| circumstances of the case, without |
| expressing any opinion as to the final |
| merits 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 be released on |
| bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. All pending applications stand disposed of, if any. |
( N.S. Dhan ik , J.) 04.04.2022 SB |
1 issue framed by the court
Whether the applicant is entitled to regular bail in a case under the NDPS Act where the contraband weight is below commercial quantity.
1 provisions across 1 enactments
applicant
State of Uttarakhand
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
