Faijan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR/Case Crime No. 42 of 2024, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Piran Kaliyar, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 10.02.2024, narcotic substance in commercial quantity was recovered from the possession of the applicant.

Learned counsel for the applicant would submit that entire recovery is false. According to the prosecution, the inventory report was prepared at the spot, but it contains the details of the FIR number and sections under which it is lodged. It is argued that had the inventory report prepared at the spot, it could not have recorded the FIR number because the FIR was lodged much subsequent to the recovery.

Learned State counsel, under instructions, would submit that inventory report was prepared at the spot.

The Court wanted to know if it is so, how it includes the FIR number and its details?

Learned Counsel for the State would submit that as per instructions, the FIR number was included in the inventory report in the Thana, but the inventory report which has been filed does not record it.

It is case of recovery of commercial quantity of narcotic substance. In such cases, the bail is governed by Section 37 of the Act.

Having considered the challenge to the genuineness of the inventory report, this Court is of the view that it is a case fit for bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.