BA1/1612/2021
2021 Latest Caselaw 2802 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  BA1 No. 1612 of 2021

                                  Hon'ble N.S. Dhanik, J.

Mr. Abhishek Joshi, learned counsel for the applicant.

Mrs. Mamta Joshi, learned Brief Holder for the State.

This is first bail application moved by the applicant who is in jail in connection with FIR No. 184 of 2021, offences punishable under Sections 8/22 of the NDPS Act, registered at PS Lalkuan, District Nainital. Heard learned counsel for the parties and considered the grounds taken up in the bail application. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; has no previous criminal history and is languishing in jail since 04.06.2021. He further submits that 50 injections of Diazepam which is less than the commercial quantity has been recovered from the possession of the applicant and the injections of AVIL do not fall within the ambit of the NDPS Act. Regarding, 50 Buprenorphine injections which are recovered from the possession of the applicant which is alleged to be above the commercial quantity, learned counsel for the applicant relied upon the judgment of Hon'ble High Court of Chhattisgarh, Bilaspur, "Avinash Nishad v. State of Chhattisgarh" decided on 13.01.2020. He further submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of the Court.

Learned State Counsel although opposed the bail application but admit the fact that 50 injections of Diazepam which is recovered from the possession of the applicant are less than the commercial quantity and the applicant has no previous criminal history.

Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

The bail application is allowed. Let the applicant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(N.S. Dhanik, J.) 03.08.2021

AK