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RAVINDRA MAITHANI
Jahid Saifi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Jahid Saifi is in judicial custody in FIR No.319 of 2022, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act'), Police Station Mukhani, District- Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
3. According to the FIR, on 22.12.2022, 31.16 grams smack was allegedly recovered from the possession of the applicant.
4. It is the case of the applicant that the alleged recovered quantity is less than commercial; he is not a previous convict; there has been non-compliance of the provisions of the Act.
5. Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
6. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
The court's decision was influenced by the consideration of the alleged recovered quantity, lack of previous conviction, and non-compliance of the provisions of the Narcotic Drugs and Psychotropic Su....
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
The court's decision was influenced by the interpretation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, regarding bail applications and the consideration of the quant....
The court's decision was based on the assessment of the case as fit for bail, considering the lack of previous conviction and the arguments presented by the applicant.
The significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
Possession of less than commercial quantity of narcotics can be a factor in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The court's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
The absence of previous conviction, the quantity of the recovered substance, and the presence of independent witnesses are crucial factors in determining bail under the Narcotic Drugs and Psychotropi....
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