Kasam vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 292 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Gadarpur, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 20.12.2023, 1.165 Kg. charas was allegedly recovered from the possession of the applicant.

Learned counsel for the applicant would submit that it is case of non compliance of the provisions of Section 50 of the Act; there is no consent letter. He would submit that the prosecution story is doubtful because according to it, at the spot, the copy of recovery memo was printed and given to the applicant.

Learned counsel for the State counsel would submit that there are all valid compliances.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

The compliance of Section 50 of the Act should be strictly made. Substantial compliance is not sufficient. An arrestee needs to be told that it is his right to be searched before the Magistrate or a Gazetted Officer. The recovery memo does not reveal that the applicant was told about his right under Section 50 of the Act to be searched before the Magistrate or the Gazetted Officer. This alone is a ground sufficient to enlarge the applicant on bail.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail applicant 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.