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2020 DIGILAW 68 (UTT)

Pawandeep Kaur v. State Of Uttarakhand

2020-02-03

RAVINDRA MAITHANI

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JUDGMENT Ravindra Maithani, J. (Oral) - The applicant Pawandeep Kaur is in custody in F.I.R. No. 458 of 2019 under Section 8 r/w Section 22 of the Narcotics, Drugs and Psychotropic Substances Act, 1985 at Police Station Bazpur, District Udham Singh Nagar. The applicant has sought her release on bail. 2. Heard learned counsel for the parties and perused the records. 3. According to the F.I.R., on 12.12.2019, 11.34 gram smack was recovered from the possession of the applicant. 4. Mr. Mani Kumar, learned counsel for the applicant, would argue that the officer conducting the search was not competent; the applicant was not taken to the gazetted officer, instead the gazetted officer was brought at the spot; there is no independent witness in the case; the applicant is a woman having three children; the applicant has no criminal history and the quantity of smack recovered is not commercial. Therefore, it is argued that it is a case fit for bail. 5. Mr. Pramod Tewari, learned Brief Holder, would admit the fact that there is no criminal history of the applicant; and the quantity of smack recovered is not commercial. 6. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be released on bail. 7. The bail application is, accordingly, allowed. 8. Let the applicant Pawandeep Kaur be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.