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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Ganesh Chamoli - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2857 of 2022
Decided On : 23-12-2022
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Applicant sought release on bail under Section 8/21 of the Act
Fact of the Case:
Applicant sought release on bail in a case involving the recovery of 5.57 grams of smack from his possession
Finding of the Court:
The Court found that the applicant deserved to be enlarged on bail, considering the circumstances and the alleged recovered quantity
Issues: Applicant's alleged false implication, previous involvement in a case, and the quantity of the recovered substance
Ratio Decidendi: The Court considered the applicant's lack of previous conviction, the quantity of the recovered substance, and the fitment for bail
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 Ganesh Chamoli is in judicial custody in Case Crime No.27 of 2022, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Chamba, District- Tehri Garhwal. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 25.11.2022, 5.57grams smack was allegedly recovered from the possession of the applicant.
4. It is the case of the applicant that he has been falsely implicated; he is not a previous convict; the alleged recovered quantity is less than commercial.
5. Learned State Counsel would submit that the applicant has been involved in one case in the past.
6. Learned counsel for the applicant would submit that the applicant is on bail in that case.
7. 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.
8. The bail application is allowed.
9. 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.
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....
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 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.
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 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.
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
Bail in cases involving commercial quantities of narcotics is strictly governed by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, requiring the court to find reasonable grounds for....
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.
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