Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7004 (UTT)

BHAWAN SINGH DHAMI v. STATE OF UTTARAKHAND

BA1/941/2024 · 2025-01-06

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.941 of 2024 Bhawan Singh Dhami …..….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Amit Kapri, Advocate for the applicant. Ms. Manisha Rana Singh, Deputy Advocate General for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.44 of 2023, dated 07.10.2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Dharchula, District Pithoragarh. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, commercial quantity of Charas was allegedly recovered from the possession of the applicant on 06.10.2023. 4. Learned counsel for the applicant would submit that he has been falsely implicated in the case; there is gross infirmity in the documents allegedly prepared at the spot by the police. He would refer to the 2 Inventory Report and the Recovery Memo. In the Inventory Report, it is stated that it was prepared on 06.10.2023, whereas the date of information and time was recorded as 07.10.2023 at 01:35 AM. Similarly, he would refer to the Recovery Memo, in which, the word ‘7’ is deleted and it is made ‘06’.10.2023. 5. The Court wanted to know from the learned State counsel that, if the Inventory Report is prepared on 06.10.2023, how could it record the time when the information was reached on the Police Station i.e. on 07.10.2023 at 01:35 AM? She would submit that there is no document regarding this fact. 6. If the documents are prepared on 06.10.2023, how could it record what happened on 07.10.2023? It simply, doubts the credibility of this document itself. In the instant case, it makes out the case for bail. 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. 3 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.) 06.01.2025 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=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE4069 9, cn=SANJAY KANOJIA Date: 2025.01.06 18:31:36 +05'30'