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(2024) Law Today Live Doc. Id. 19312
Decided on: 11.06.2024
Present:
Mr. Mohd. Safdar, Advocate for the applicant.
Mr. M.A. Khan, A.G.A. for the State.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Commercial quantity -- Regular bail -- According to the FIR, narcotic substance in commercial quantity was recovered from the possession of the co-accused on 28.04.2023 -- It is he who revealed that he had purchased narcotic substance from the applicant – Contention that applicant at the relevant time was in jail – Bail allowed.
(Para 1-8)
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RAVINDRA MAITHANI, J. (ORAL) –
Applicant is in judicial custody in Case Crime No. 257 of 2023, under Section 8/22/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bhagwanpur, 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, narcotic substance in commercial quantity was recovered from the possession of the co-accused Salman on 28.04.2023. It is he who revealed that he had purchased narcotic substance from the applicant.
4. Learned counsel for the applicant would submit that the applicant at the relevant time was in jail. He is not connected with the offence in any manner. Merely, based on the statement of the co-accused, he has been implicated in the case. There no other material.
5. Learned State counsel would submit that the applicant had mobile connection with the co-accused and co-accused name him as the person, from whom, the co-accused got the substance.
6. Having considered the entirety of facts, this Court is of the view that 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.
Application allowed.
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