Ravindra Maithani, J
1. Applicant is in judicial custody in Case Crime No.464 of 2024, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Kotwali Nagar, 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 07.06.2024, from the possession of the applicant, 100 grams smack was allegedly recovered.
4. It is the case of the applicant that the alleged recovered quantity is less than commercial; it is a case of non-compliance of Section 50 of the Act; there is no independent witness; he is not a previous convict.
5. Learned State Counsel would submit that the bail rejection order does not reveal any previous convition 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.
