Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 36

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Tanveer - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 146 of 2023
Decided On : 16-01-2023

Advocates appeared:
Gaurav Singh, Advocate, Lalit Miglani, Advocate, Mamta Joshi, Advocate

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.

Headnote:
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Applicant sought release on bail under Section 29 of the Act - Court allowed the bail application based on the lack of material evidence linking the applicant to the recovered contraband.
Fact of the Case:

The applicant was in judicial custody in a case under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The contraband was recovered from the co-accused, who revealed the applicant's name as the seller.
Finding of the Court:

The Court found that the co-accused had already been granted bail, and the applicant was named based on the co-accused's statement without any other material evidence. The Court concluded that the applicant deserved to be enlarged on bail.
Issues: The main issue was the applicant's involvement in the case based on the statement of the co-accused and the lack of other material evidence.
Ratio Decidendi: The Court's decision was influenced by the lack of disputed factual aspects and the absence of material evidence linking the applicant to the recovered contraband.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.

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 satisfaction of the court concerned.

Click Here to Read the rest of this document