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2023 Supreme(UK) 320

SHARAD KUMAR SHARMA
Sharafat – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vikas Anand, Syed Kashif Jafri.
For the Respondents: V.K. Gemini, Meena Bisht.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. This Bail Application has been attempted to be argued by the learned counsel for the applicant, as if it is an argument extended in a Criminal Appeal, after a judgment of conviction. That may not be the scope to argue the bail application, which is absolutely a discretionary remedy depending upon the facts and circumstances of the case and social seriousness and implications of the offence too.

2. The present applicant herein is an accused for committing of an offence which has been registered against him by way of the FIR No. 46 dated 26.02.2021, for his alleged involvement in commission of offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The police team which had raided upon and had apprehended the present applicant at the time when he was waiting for another lady at Khushalpur, it was upon search being conducted upon him, it was found that the applicant was carrying a bag, which contained a contraband i.e. smack of about 356 gm. It is not in controversy, that the amount of contraband, which has been recovered from the applicant, was beyond the prescribed commercial quantity. So far as the provisions of t

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