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2025 DAILYLAW 343 (UTT)

DINESH v. STATE OF UTTARAKHAND

BA1/2460/2025 · 2026-04-24

Alok Mahra

body2025

Judgment text

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. 2460 of 2025 Hon’ble Alok Mahra, J. Mr. Suryakant Maithani, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. The applicant – Dinesh, who is in judicial custody in connection with FIR/Case Crime No. 319 of 2025, under Sections 8, 20, 29 and 60 of NDPS, registered at P.S.- Vikasnagar, District Dehradun, has sought his release on bail. 4. In this case, applicant was apprehended alongwith two other co-accused, wherein, 1.505 Kg of charas was recovered from the vehicle, which was allegedly driven by the present applicant. 5. Learned counsel for the applicant would submit that applicant has falsely been implicated, as no alleged recovery was made from them inasmuch as he has submitted that no inventory was prepared on the spot, which is mandatory as per Section 52-A of the NDPS Act; that applicant has no previous criminal history and two other co-accused have already been granted bail in this case. 6. Learned State Counsel, on the other hand, has vehemently opposed the bail application, but, has fairly admitted, on instructions, that the fact of not preparing of the inventory report in the case, has come in the supplementary counter affidavit. 7. Heard learned counsel for the parties and perused the record. 8. Considering the fact that since no inventory was prepared on the spot, which creates a serious doubt about the whole recovery, which is alleged to have been made from the possession of the applicant, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra J.) 24.04.2026 Ujjwal