BA1/537/2020 of ANJUM Vs STATE OF UTTARAKHAND

BA1 537/2020Hon’ble N.S. Dhanik, J.([Via Video Conferencing)]

Mr. Pankaj Kumar Sharma,

Advocate, for the applicant.

Mr. G.S. Sandhu, Government Advocate, assisted by Mr. J.S. Virk, AGA for the State.

Having been implicated in the Case Crime No. 26 of 2020, under Sections 8/20 of the NDPS Act, PS Piran Kaliyar, District Haridwar, the applicant is in jail.

Learned Counsel for the applicant would contend that the applicant is an innocent person and he has been falsely implicated; entire prosecution story is false and fabricated; 400 grams charas have been allegedly recovered from the applicant; quantity of contraband allegedly recovered from the applicant is below the commercial quantity; there is no independent public witness of the alleged recovery; compliance of the necessary provisions of the NDPS Act has not been done while conducting the proceedings of search and seizure; applicant has no previous criminal history and he is in jail since 8.2.2020.

Learned State Counsel would oppose the bail application and submit that compliance of all the necessary provisions has been made by the police.

Having considered the overall facts and circumstances of the case and without expressing any opinion on the final merits of the case, this Court is of the view that the applicant deserves bail. Hence, the bail application is allowed.

Let the applicant be released from jail on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of Special

Judge/Court concerned.

(N.S. Dhanik, J.) 05.5.2020