Krishna Singh vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 171 of 2024, under Section 8/22/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Khatima, 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 17.05.2024, narcotic substance in commercial quantity was allegedly recovered from the applicant. Thereafter, he was arrested at 7:30 p.m. on that date.

Learned counsel for the applicant would submit that the entire case is false; the applicant has been falsely implicated in the case. He would submit that as per the FIR, the applicant was arrested at 7:30 PM and at that point of time, the inventory report, recovery memo and other documents were recovered, but FIR was lodged on the same date at 9:59 PM. He would submit that the inventory report which was allegedly prepared at the place of incident records the case crime number and sections, which was not possible to have been written at the time, when the recovery was made. It is argued that it doubts the entire prosecution case.

Learned State counsel would submit that in the inventory report, the FIR number and other details were subsequently filled up.

The Court wanted to know as to whether, inventory report was filed in the police station, when FIR was lodged?

She would refer to the GD Report No. 76 of that day to argue that when the applicant alongwith co-accused were admitted in the police station, the inventory report, recovery memo and other documents were lodged at the police station and thereafter, FIR was lodged.

The Court posed a question, if the inventory report had already been submitted at the police station before lodging of the FIR, how could it bear the details of FIR number etc? There is no answer to it. It definitely doubts the credibility of the inventory report and it makes out a case for bail.

Having considered the entirety of facts, this Court is of the view that 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.