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2026 DAILYLAW 5366 (UTT)

SAHNAWAZ URF MAMU v. STATE OF UTTARAKHAND

BA1/381/2026 · 2026-05-13

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2 1 . BA] SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS 2026:UHC:3645 BA1 No.381 of 2026 Sahnawaz Urf Mamu Vs. State of Uttarakhand Hon’ble Ashish Naithani, J. Ms. Sheetal Selwal, learned counsel for the Applicant. 2. Mr. Deepak Joshi, learned Deputy Advocate General for the State. 3. Present bail application is moved by the applicant, who is in judicial custody in connection with FIR No.030 of 2026 for the offence punishable under Section 8/21 of N.D.P.S. Act, Police Station Kichha, District Udham Singh Nagar. 4. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant matter. She has no criminal history. She submits that police party has failed to comply with the provisions of Section 50, 52, 55 & 57 of NDPS Act, which is mandatory provision before arresting any person. She submits that there is delay of five hours in lodging the FIR. She submits that though the recovery is from a highly crowded place but there is no independent witness. She further submits that without there being any chemical analysis report from FSL, it cannot be ascertained that the alleged contraband is smack. 5. Learned State counsel has vehemently opposed the bail application. 6. Having considered the overall facts and circumstances of the case and without entering into the merits of the case, this Court is of the view that applicant is entitled to be released on bail. 7. Accordingly, bail application is allowed. Let the applicant-Sahnawaz Urf Mamu be released on bail on his executing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned. 8. Pending application, if any, stands disposed of. (Ashish Naithani, J.) 13.05.2026 Arti