Mukesh Chandra Joshi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody FIR/Case Crime No. 21 of 2024, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Lohaghat, District Champawat. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 24.04.2024, 1.362 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 Sections 42 and 50 of the Act.

Learned State counsel would submit that it a case of recovery from the personal search.

It is the 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.

Insofar as, the compliance of Section 50 of the Act is concerned, the law requires that the arrestee should be told that he has a right to be searched before the Magistrate or the Gazetted Officer. Apparently, it has not been done in the instant case. The applicant was not told that he has a right to be searched before the Magistrate or the Gazetted Officer. It means it is case of non compliance of Section 50 of the Act, which entitles the applicant to be released 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 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.