Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S
2026:UHC:3651
BA1 No. 88 of 2026 Kishan Chandra Joshi
....Applicant
Vs. State of Uttarakhand ......Respondent Hon ’ble Ash ish Nait han i, J. Mr. Karan Singh Dugtal, learned counsel for the Applicant
2. Mr. J.P. Kandpal, learned A.G.A. for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant—Kishan Chandra Joshi, S/o Keshav Dutt Joshi, R/o Chhoti Haldwani, Kaladhungi, Police Station Kaladhungi. The Applicant is in judicial custody in connection with FIR No. 390 of 2025, registered at Police Station Ramnagar, District Nainital, for offences punishable under Sections 8, 20 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
4. Heard learned counsel for the Applicant and learned A.G.A. for the State. Perused the record.
5.
Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is languishing in jail since 02.11.2025. It is further submitted that no independent witness to the alleged recovery has been associated by the prosecution, despite the fact that the place of occurrence is situated in a densely populated area. It is also contended that the grounds of arrest were not communicated to the Applicant and the mandatory provisions of the N.D.P.S. Act have not been complied with, particularly the procedure contemplated under Section 42 of the Act.
Learned counsel further submits that the FIR number was allegedly mentioned on the recovery memo at the time of arrest itself, thereby creating doubt regarding the prosecution story.
6. Per contra, learned A.G.A. opposed the bail application and submitted that the contraband allegedly recovered from the possession of the Applicant is approximately 54 kilograms of Ganja, which falls within the category of commercial quantity.
7. After hearing learned counsel for the parties and upon perusal of the material available on record, this Court finds that, without expressing any opinion on the merits of the case, the Applicant has been able to make out a fit case for grant of bail.
8. Accordingly, the Bail Application is allowed.
9. Let the Applicant—Kishan Chandra Joshi be released on bail, upon furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
10. It is made clear that any observation made hereinabove is only for the purpose of adjudication of the present bail application and shall not be construed as an expression on the merits of the case.
11. All pending applications, if any, shall stand disposed of.
( Ash ish Nait h an i, J.) 13.05.2026 Shiksha