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RAVINDRA MAITHANI
Rahul – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Rahul is in judicial custody in Case Crime No.437 of 2022, under Sections 8/21/27(a)/60 of the Narcotic Drugs and Psychotropic Substances, 1985, Police Station Nehru Colony, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record. Learned counsel appeared through video conferencing.
3. According to the FIR, on 22.11.2022 smack was recovered from the co-accused.
4. It is the prosecution case that, in fact, at the time of arrest, the applicant and co-accused revealed that they are into the business of smack, some cash was allegedly recovered from the applicant, which, according to the prosecution, are proceeds of crime.
5. Learned counsel for the applicant would submit that the person from whose possession smack was recovered has already been granted bail today itself. He is not a previous convict.
6. These facts are not denied by learned State Counsel.
7. 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.
8. The bail application is allowed.
9. Let the applicant be released on bail, on his executing a per
The court's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
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 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.
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 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....
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
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