Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No.431 of 2024 Amruddin Ansari
…..….....Applicant Versus State of Uttarakhand
….….Respondent Present:- Mr. Karan Singh Dugtal, Advocate for the applicant. Ms. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The applicant is in judicial custody in FIR No.399 of 2023, dated 08.08.2023, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kashipur, District Udham Singh Nagar. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, Smack in commercial quantity was allegedly recovered from the possession of the applicant on 08.08.2023.
4.
Learned counsel for the applicant would submit that the entire case is false; the Inventory Report was allegedly prepared at the time of alleged recovery, but it bears the FIR number, which is not possible because
2 the FIR was lodged much after when the Inventory Report was prepared.
5.
Learned State counsel would admit that the Inventory Report was prepared at the spot and according to him, the FIR number was entered in it subsequently.
6.
The Court wanted to know, as to under what circumstances the FIR number was included in the Inventory Report? And; where is that record which reveals that it was so done? Has it been made in the General Diary Entry? The answer is in negative. It, in fact, doubts the recovery.
7.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
8.
The bail application is allowed.
9.
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.
(Ravindra Maithani, J.)
02.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46f e, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179 A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.03 16:52:21 +05'30'