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2067 DAILYLAW 1 (UTT)

SUSHIL KUMAR SAHANI v. STATE OF UTTARAKHAND

BA1/2067/2025 · 2026-04-07

Alok Mahra

body2067

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2067 of 2025 Hon’ble Alok Mahra, J. Mr. Vikas Kumar Guglani, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The applicant – Sushil Kumar Sahani, who is in judicial custody in connection with FIR/Case Crime No. 449 of 2025, under Sections 8, 20 and 60 of NDPS Act, registered at P.S.- Rudrapur, District Udham Singh Nagar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In the present case, an FIR was lodged on 07.09.2025, Sections 8, 20 and 60 of NDPS Act. Applicant was apprehended with alleged contraband of 25.900 Kgs of ganja. As per the prosecution story, when Head Constable of Anti Narcotics Task Force stopped the applicant and was asking some question, then the applicant threw keys of the car in the nearby field, which could not be recovered even after lot of search. The prosecution could not obtain a duplicate key of the car also, as it was told by the applicant that the car belongs to one of his friends namely Deepak. The driver side window of the car was broken by the Police team and thereafter two sacks weighing 25.900 Kgs of ganja in total was recovered. 6. It is the case of the applicant that there is no evidence to show that he has driven the car and parked it in front of the house of the sister; that neither he was arrested while driving the car, nor he has any connection with the car. Even as per the prosecution story, there is no evidence on material to show, which may relate the applicant with the car in question or the alleged seized contraband and that the applicant is in custody since 07.09.2025. 7. On the last occasion, State was directed to seek instructions in the matter. Today, on instructions, learned A.G.A. fairly submitted that the car is registered in the name of one Deepak, who was in judicial custody at that relevant point of time and there is no documentary evidence to relate the seized car with the applicant. 8. Having considered the submissions, under the facts and circumstances of the case and also considering the fact that neither the applicant was arrested while driving the car, nor he has any connection with the car and there is no evidence on material to show, which may relate the applicant with the car in question or the alleged seized contraband and as such, the car is registered in the name of one Deepak, who was in judicial custody at that relevant point of time, 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 personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions:- (a) The applicant shall not leave the country without prior permission of the court. (b) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (c) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (d) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. (Alok Mahra J.) 07.04.2026 Ujjwal