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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Rajnish @ Monu - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 181 of 2023
Decided On : 19-01-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Less than commercial quantity of smack recovered - Applicant granted bail
Fact of the Case:
The applicant, in judicial custody under the Narcotic Drugs and Psychotropic Substances Act, sought release on bail citing recovery of less than commercial quantity of smack from co-accused who named the applicant.
Finding of the Court:
The Court found the case fit for bail considering the uncontested facts and granted bail to the applicant.
Issues: Bail application for possession of narcotics
Ratio Decidendi: Recovery of less than commercial quantity of narcotics and co-accused already granted bail influenced the court's decision to grant bail to the applicant.
Final Decision: The bail application was allowed and the applicant was ordered to be released on bail upon fulfilling specified conditions.
JUDGMENT
Ravindra Maithani, J. - Applicant- Rajnish @ Monu is in judicial custody in Case Crime No.395 of 2021, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Patel Nagar, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that less than commercial quantity of smack was recovered from the co-accused, who according to the prosecution, named the applicant. It is also argued that the person from whom possession, the smack was recovered has already been granted bail.
4. These facts are not disputed by learned State Counsel.
5. 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.
6. The bail application is allowed.
7. 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.
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.
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
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.
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