Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 1157 of 2025 Hon’ble Alok Mahra, J.
Mr. Digvijay Singh, learned legal-aid- counsel for the applicant.
2. Mr. Pradeep Lohani, learned Brief Holder for the State.
3. The applicant – Sunil Singh, who is in judicial custody in connection with Case Crime/FIR No. 0041 of 2024, under Sections 8 and 20 of NDPS Act, registered at P.S.- Dharchula, District Pithoragarh, has sought his release on bail.
4. Heard learned counsel for the parties and perused the records.
5. In this case, an FIR was lodged on 08.08.2024, alleging therein that on 08.08.2024, upon information received by an informer, Police party started checking on the spot, where they found a person coming their way from Gwal Village, whose appearance matched the one given by the informer. After seeing the police vehicle, he tried to escape, but, the Police party caught him. When searched, 2.650 Kg. of charas was recovered from his possession.
6.
Learned counsel for the applicant would submit as per the FIR, the inventory was prepared on the spot and FIR was lodged later on, but, inventory report contains the FIR number. It is further submitted that no ground of arrest was communicated in writing to the applicant; and the Magistrate concerned has not certified the inventory report, as per Form 4 in Rule 8 of Narcotic Drugs And Psychotropic Substances (Seizure, Storage, Sampling And Disposal) Rules, 2022.
7.
Learned counsel for the applicant has
further submitted that although Section 37 of the NDPS Act imposes twin conditions for grant of bail, the Court must also consider whether there are serious procedural lapses affecting the credibility of the prosecution case.
8. Per contra, learned State Counsel vehemently opposed the bail application.
9. Having considered the submissions of
learned counsel for the parties and after going through the material available on record, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
10. Accordingly, the present bail application is allowed.
11. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned, subject to the following conditions:- i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court.
12. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail.
(Alok Mahra J.)
21.11.2025 Ujjwal