High CourtsSingle Bench

Nitin Jain vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 December 2022 · Citation: (2022) 12 UK CK 0114

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120-B, 274, 275, 276, 409, 420
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1842 Of 2022
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Judgment

11 paragraphs · 263 words

Ravindra Maithani, J

1.

Applicant Nitin Jain is in judicial custody in FIR No.0490 of 2022, under Sections 120-B, 274, 275, 276, 409, 420 IPC, Police Station Gangnehar, District-Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, certain raw materials and medicines were recovered in the presence of Drug Inspector from the godown of the applicant.

4.

This bail application has been heard on multiple occasions.

5.

On behalf of the applicant, it is argued that there is no report, which may suggest that the medicines were adulterated.

6.

The Court wanted to know from learned State Counsel as to what kind of offence the applicant has done? What is the evidence on it?

7.

Learned State Counsel would submit that some medicines in large quantity was recovered in open; powder was also recovered. But he admits that there is no chemical examiner report suggesting as to what was, in fact, recovered from the applicant. It is also not the case that wrappers of medicines of any manufacturer were recovered from the place of occurrence suggesting that they were being used for keeping those medicines.

8.

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.

9.

The bail application is allowed.

10.

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.