Back
RAVINDRA MAITHANI
Tanveer – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Tanveer is in judicial custody in FIR/Case Crime No.851 of 2022, under Section 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 08.08.2022, 92.05 grams Smack was recovered from the co-accused. During investigation, it was revealed that, in fact, the co-accused revealed the name of the applicant as a person, from whom, he purchased the Smack.
4. It is argued that the co-accused from whose possession the contraband was recovered had already been granted bail; the applicant has been named based on the statement of the co-accused; there is no other material.
5. These factual aspects are not disputed by the State counsel.
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 satisfactio
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 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 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 importance of legally admissible evidence in connecting the accused with the alleged crime in bail applications.
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 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 significance of contraband quantity and compliance with Section 50 govern the grant of bail under the Narcotic Drugs and Psychotropic Substances Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
