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RAVINDRA MAITHANI
Shahbaz – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Shahbaz is in judicial custody in Case Crime No.316 of 2021, under Sections 8/21/29/60/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Vikasnagar, District Dehradun. 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 13.07.2021, 5.46 gm. smack was allegedly recovered from the co-accused and it is they who revealed the name of the applicant, as a person, from whom they purchased.
4. Learned counsel for the applicant would submit that the co-accused from whose possession smack was allegedly recovered has already been granted bail and the applicant is not a previous convict.
5. Learned State Counsel would submit that, in fact, the person from whom the alleged smack was recovered named the applicant and revealed the mobile number of the applicant.
6. Having considered, this Court is of the view that it is a case fit for bail. Accordingly, the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant be released on bail, on his execut
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
The court's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
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 significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
The decision emphasized the importance of material evidence and lack of disputed factual aspects in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
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.
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
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....
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