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Judgment
12 paragraphs · 364 wordsRavindra Maithani, J
Applicant is in judicial custody in FIR No. 82 of 2023, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banbasa, District Champawat. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
This is third bail application of the applicant. His first bail application was dismissed as withdrawn on 23.11.2023. His second bail application was rejected on merits on 16.05.2024.
According to the FIR, on 19.08.2023, smack in commercial quantity was allegedly recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the entire case is false. There is a new fact which has come up now that according to the FIR, the inventory report was prepared at the spot, but the inventory report records FIR number. Not only this, the sample seals also records the FIR number, whereas, the FIR was lodged much after the alleged recovery.
Learned State counsel would submit FIR number was recorded in the inventory report after FIR was lodged.
The applicant has also filed the extract of the general diary. The report no. 84 of 19.08.2023 reveals that when the recovery memo was filed at the police station and case was lodged, the inventory report, sample seals etc. were lodged in the police station. If it is so, how could FIR number be recorded in the inventory report which had already been deposited at the police station as per the general diary entry? The Court posed this question to learned State counsel.
Learned State counsel would submit that there is no general diary extract to establish that, in fact, the inventory report and sample seals were taken from the police station and FIR number was recorded.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on 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.