BA1/334/2018 of Mustakeem Vs State Of Uttarakhand

BA1 No.334 of 2018

Hon’ble V.K. Bist, J.

Mr. P.S. Saun, Advocate for the applicant.

Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties. The applicant has moved this bail application seeking regular bail in connection with Case Crime No.139 of 2017, under Sections 8/20/21 of Narcotic Drugs and Psychotropic Substances Act, Police Station Prem Nagar District Dehradun.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the instant case. He submits that the police officials have not complied with the mandatory provisions of N.D.P.S. Act provided under Section 50 & 51 regarding search and seizure of the contraband. He submits that there is no independent witness associated to the alleged recovery. He submits that prior to search the applicant himself told the police party that he is having contraband with him. He submits that alleged recovery of smack/heroin is less than the commercial quantity. He further submits that the applicant is languishing in jail since 06.06.2017; if he is released on bail, he will furnish adequate sureties as per the satisfaction of the Court. Learned Brief Holder opposed the bail application and submitted that there is spot arrest of the applicant, therefore, compliance could not be made. He submitted that the amount of charas is of commercial quantity.

Having considered the submission of learned counsel for the parties and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

Accordingly, the bail application is allowed. Let the applicant Mustakeem be released on bail on executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned.

Arti

(V.K. Bist, J.)

19.03.2018