Dinesh Verma vs State of Uttarakhand

Sudhanshu Dhulia, J. (Oral)

Heard Mr. Amit Kapri, Advocate for the accused applicant, and Ms. Meena Bisht, Brief Holder for the State.

The applicant is in jail having been implicated in FIR No. 03 of 2018 for the offence under Section 8/20 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (from hereinafter referred to as the “NDPS Actâ€​) registered in the Police Station Askot, District Pithoragarh.

Learned Counsel for the applicant contended that the applicant has been falsely implicated in the present case. He further contended that 1.350

kilogram Charas has been allegedly recovered from the possession of the applicant but the alleged recovery has not been made in the presence of any

independent public witness and compliance of Section 50 of the NDPS Act has not been made while conducting the personal search of the

accused/applicant. The applicant has no previous criminal history and he is in jail since 26.3.2018.

Considering the overall materials presently available before this Court, prima facie the applicant has been able to make out a case for bail. The bail

application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties, each in the like amount, to the

satisfaction of the Special Judge/Court concerned.

It is made clear that any observation made by this Court is only for the purpose of deciding the present bail application and the same shall not be taken

into consideration at all in any other proceedings.