BALJINDER SINGH ALIAS BOBBY v. STATE OF UTTARAKHAND
C482/206/2020 · 2025-06-02
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2169 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2169 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDERS
2025:UHC:4410
C482 No.206 of 2020 Hon’ble Ashish Naithani, J.
Mr. Mani Kumar, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State of Uttarakhand.
3. In this C482 application, the applicant has challenged the impugned order passed by learned lower court dated 11.06.2019, whereby the court concerned has rejected the release application of the applicant. The applicant had sought for release of the money amounting to Rs.58,780/- (Rupees Fifty Eight Thousand Seven Hundred Eighty Only), which was recovered from the bag at the time of arrest of the applicant.
4. The reason for rejecting the application for releasing the said amount is said to be “from the proceeds of crime relating to the contraband i.e. smack in pursuant to FIR No.190 of 2018, under Section 8/22 of NDPS Act, registered at Police Station Nanakmatta, District Udham Singh Nagar”.
5. After hearing learned counsel for the parties. This Court finds that prima facie the same amount does not come under “proceeds of crime” and thereby grounds are sufficient to release the said amount.
6. The C482 application is allowed. The impugned
order dated 11.06.2019 passed by 1st Additional Session Judge, Udham Singh Nagar, is hereby set aside. Let the amount of Rs.58,780/- (Rupees Fifty Eight Thousand Seven Hundred Eighty Only) be released in favour of the applicant forthwith.
(Ashish Naithani, J)
02.06.2025 Nitesh/