High CourtsSingle Bench

Vijay Vishwas @ Birju vs State Of Uttarakhand

Uttarakhand High Court · Decided on 10 January 2024 · Citation: (2024) 01 UK CK 0130

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 22
RESULT
Allowed
CASE NUMBER
First Bail Application No. 2676 Of 2023
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Judgment

15 paragraphs · 257 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR No. 347 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police

Station Transit Camp, District Udham Singh Nagar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, narcotic substance in commercial quantity was allegedly recovered from the possession of the applicant on 20.11.2023

4.

Learned counsel for the applicant would submit that the entire case is false; the inventory report was prepared at the time of alleged recovery, but it

bears the FIR number which doubts its credibility because FIR was lodged much after the alleged recovery.

5.

Learned State counsel admits that the inventory report bears the FIR number. It is also undisputed that FIR was lodged much after the alleged

recovery.

6 The Court wanted to know from the learned State counsel as to how FIR number could subsequently be entered into the inventory report? Who

entered it? Where is the record in this connection? Nothing has been revealed by the learned State counsel. It makes out a case for bail

7.

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.

8.

The bail application is allowed.

9.

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.