Vikram Singh vs State Of Uttarakhand

Vivek Bharti Sharma, J

Applicant Vikram Singh, who is in judicial custody in FIR No.42 of 2022, under Sections 8/20 NDPS Act, Police Station Kotwali Purola, District Uttarkashi, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on file.

Learned counsel for the applicant would submit that there is serious non-compliance of Sections 50 and 57 of NDPS Act and he would refer the statement of the complainant PW1 S.I. Rajesh Kumar filed alongwith the counter affidavit of the State (page 10) who in the cross examination has admitted that the Investigating Officer has not made the Rawanagi G.D. part of the charge sheet and the same is not available in the file of trial court; that, the Investigating Officer had not taken into possession the Rawangi G.D. and he has brought that Rawanagi G.D. with him today; that Rawanagi report does not bear the signature of the person who had executed it this nor it contain the seal of the concerned police chwoki. Learned counsel for the applicant would further refer the second last paragraph of page 12 and would submit that the complainant who had recovered the contraband from the present applicant-accused has stated that neither he had given information nor had sent any policeman working him to call the Gazetted Officer or the public representative at the place of incident; that, the complainant has admitted that after recovering the charas from the accused persons, he did not inform his senior officer or the family member of the present applicant/accused. He would further submit that the applicant is in judicial custody since long and the punishment is serious therefore dictum of law says that stringent is the punishment compliance of the mandatory provisions of the law should be followed strictly.

Mr. V.S. Rathore, AGA for the State opposed the bail application.

In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is, accordingly, allowed. Let the applicant be released on furnishing bail bond with two sureties in the amount of ₹ 70,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.