Ravindra Maithani, J
1. Since both the bail applications arise from the same FIR, they are heard together and are being decided by this common order.
2. Applicants Hasan Din and Juber are in judicial custody in Case Crime No.13 of 2024, under Sections 8/15/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Thatyud, District- Tehri Garhwal. They have sought their release on bail.
3. Heard learned counsel for the parties and perused the record.
4. According to the FIR, on 21.04.2024, police intercepted a car of which both the applicants were occupants. There were two sacks with poppy straw in them. Both the applicants claimed ownership of the separate sacks. From the sack recovered from the applicant Hasan Din, 24.210 Kgs poppy straw and from the sack of applicant Juber, 26.76 Kgs poppy straw was recovered.
5. It is the case of the applicants that individually, the article received was less than commercial; there has been non-compliance of the provisions of the Act; it is a case of false recovery; there is no independent witness; they are not previous convict.
6. Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicants.
7. Having considered, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.
8. The bail applications are allowed.
9. Let the applicants be released on bail on their executing a personal bond and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned.
