Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1239 of 2024
Rao Uvesh Ali
….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:- Ms. Divya Jain, Advocate with Ms. Sadaf, Advocate for the applicant. Mr. S.C. Dumka, AGA for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Rao Uvesh Ali is in judicial custody in FIR No. 471 of 2024, under Sections 8, 22 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Jwalapur, District Haridwar. He has sought his release on bail.
2.
Heard learned counsel for the parties and perused the record.
3.
According to the FIR, narcotic substance in commercial quantity was recovered from the applicant on
29.05.2024.
4.
Learned counsel for the applicant would submit that the entire recovery is false. As per the FIR, the inventory report was prepared at the spot, but it bears FIR number, which was lodged much after the recovery.
2
5.
Learned State Counsel was required to get instructions. Today, he would submit that as per the instructions, the inventory report was prepared at the spot; after lodging of the FIR, FIR number was recorded in the inventory report.
6.
The Court wanted to know from the learned State Counsel as to whether there is any general diary entry to reveal as to who recorded the FIR number in the inventory report or is there any other document to reveal it? He would submit that there is no such document.
7.
Recovery memo records that the inventory memo was prepared at the spot. But, it records the FIR number, which was lodged much after the alleged recovery. As to who recorded the FIR number in the inventory report, there is no mention in it.
8.
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.
9.
The bail application is allowed.
10.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable
3 sureties, each of the like amount, to the satisfaction of the court concerned.
(Ravindra Maithani, J)
18.02.2025 Avneet/