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RAVINDRA MAITHANI
Salman Pahari – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Salman Pahari is in judicial custody in Case Crime No.572 of 2022, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act'), Police Station Piran Kaliyar, 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 05.12.2022, 9.30 grams smack was allegedly recovered from the possession of the applicant.
4. It is the case of the applicant that he has been falsely implicated; there is non-compliance of the provisions of the Act; the alleged recovered quantity is less than commercial.
5. Learned counsel for the applicant would submit that the applicant was earlier involved in some cases, but he is on bail on those cases.
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.
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 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 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 consideration of the alleged recovered quantity, lack of previous conviction, and non-compliance of the provisions of the Narcotic Drugs and Psychotropic Su....
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.
Non-compliance with procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act can lead to the granting of bail.
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