An accused is entitled to bail if there is no commercial quantity recovered, no previous conviction, and non-compliance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 6 of 2023

Angrej Singh Alias Monty

….....Applicant

Versus

State of Uttarakhand

….….Respondent

Present:-

Mr. Mani Kumar, Advocate for the applicant.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief

Holder for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Angrej Singh Alias Monty is in

judicial custody in FIR No.805 of 2022, under Section

8/21/60 of the Narcotic Drugs and Psychotropic

Substances

Act,

1985

(“the

Act”),

Police

Station

Rudrapur, District- Udham Singh Nagar. He has sought

his release on bail.

2.

Heard learned counsel for the parties and

perused the record.

3.

According to the FIR, on 17.12.2022, 23.56

grams smack was allegedly recovered from the possession

of the applicant.

2

4.

It is the case of the applicant that he is

innocent; nothing was recovered from him; he is not a

previous convict; the alleged recovered quantity is not

commercial; there has been non compliance of the

provisions of the Act.

5.

Learned State Counsel would submit that the

applicant is involved in one more case, but, he would

submit that the bail rejection order does not reveal any

previous conviction of the applicant.

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.

(Ravindra Maithani, J.)

04.01.2023

Ravi Bisht