Uttarakhand High Court
Aman Kumar vs State Of Uttarakhand on 25 July, 2017
Author: V.K. Bist
Bench: V.K. Bist
(Urgency Appl. No.3542 of 2017) In BA1 No.804 of 2017 Hon'ble V.K. Bist, J.
Mr. Akhil Kumar Sah, Advocate for the applicant.
Mr. V.S. Pal, AGA for the State of Uttarakhand.
Heard learned counsel for the parties.
Applicant Aman Kumar has moved this bail application seeking regular bail in connection with F.I.R. No.68 of 2017 under Section 8/22 of N.D.P.S. Act, P.S. Mukhani.
It is the submission of the learned counsel for the applicant that applicant has falsely been implicated in the instant case. He submits that 3.25 gram smack was recovered from the possession of the present applicant which is below the commercial quantity. He submits that while arresting the applicant the mandatory provisions of Section 50 of the N.D.P.S. Act have not been complied with. It is stated that when the applicant was arrested by the police, no Gazetted Officer or Magistrate was called in the matter. He submits that applicant has no criminal history. He further submits that the applicant is languishing in jail since 05.05.2017.
Having considered submission of learned counsel for the parties and without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.
Accordingly, the bail application is allowed. Let applicant Aman Kumar be released on bail on his executing personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned.
Urgency application stands disposed of.
(V.K. Bist, J.) 25.07.2017 Arti