Ravindra Maithani, J
1. Applicant is in judicial custody in Case Crime No.474 of 2024, under Section 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), 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, on 14.06.2024, 101 grams smack was allegedly recovered from the possession of the applicant.
4. Learned counsel for the applicant would submit that there is non-compliance of the provisions of Section 50 of the Act; there is no independent witness; the applicant is not a previous convict; the alleged recovered quantity is less than commercial.
5. Learned State Counsel 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 in the like amount, to the satisfaction of the court concerned.
