Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1157 of 2023
Jagdish Chalune
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Mr. S.R.S. Gill, Advocate for the applicant. Mr. Siddhartha Bisht, AGA with Mr. Himanshu Sain, Brief Holder for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Jagdish Chalune is in judicial custody in FIR No. 26 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banbasa, District Champawat. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, Charas in commercial quantity was recovered from the possession of the applicant on 12.02.2023.
4.
Learned counsel for the applicant would submit that the entire case is false. According to the FIR, the inventory report was prepared at the spot, but it bears the FIR number, which falsifies the entire recovery, because, it was argued that the FIR was lodged much after the alleged recovery.
2
5.
Learned State Counsel would submit that after the FIR was lodged, its details were recorded in the inventory report.
6.
The Court wanted to know from the learned State Counsel as to how it is possible because the inventory report must have been lodged in the police station by virtue of some GD entry? In such situation, is there any GD entry, which reveals that the inventory report was taken back and the FIR number was recorded on it? The answer is in negative.
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)
12.02.2025 Avneet/