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2015 DIGILAW 417 (UTT)

LAL SINGH v. STATE OF UTTARAKHAND

2015-09-02

SUDHANSHU DHULIA

body2015
JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. M.S. Pal, Senior Advocate, assisted by Mr. Deepak Bisht, Advocate, for the applicant and Ms. Mamta Joshi, learned Brief Holder, for the State of Uttarakhand. 2. The applicant is in jail having been implicated in FIR No. 30 of 2015, which has been registered under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Kotwali Khatima, District Udham Singh Nagar. 3. It is alleged in the first information report that quantity of “Charas” is about 1Kg 32 Grams which has been recovered from the applicant. The applicant alleges that there is a violation of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, inasmuch as, the search was not done before the Gazetted Officer or Magistrate and the search was not made before the independent witness as provided under Section 100 CrPC. Prima facie, there is a violation of Section 100 CrPC. The applicant is in jail for the last six months. 4. Considering the overall circumstances and overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail. The bail application is accordingly allowed. 5. Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned/court concerned. 6. It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.