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RAVINDRA MAITHANI
Istekhar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Istekhar is in judicial custody in FIR/Case Crime No.16 of 2023, under Section 8/21/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'), Police Station Kotwali Manglaur, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 03.01.2023, 16.60 grams Smack was recovered from the co-accused.
4. It is argued that the applicant has been falsely implicated in the case; there is no independent witness of the alleged recovery; there is non-compliance of the mandatory provisions of the Act; the alleged recovery quantity is less than commercial and the applicant is not a previous convict.
5. Learned State counsel would submit that the bail rejection order does not reveal that the applicant is a previous convict.
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
The court's decision was influenced by the lack of evidence, non-compliance of mandatory provisions, and the absence of previous convict status in granting bail under the Narcotic Drugs and Psychotro....
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 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 significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
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 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....
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