BA1/890/2019 of PAWAN KAHSYAP Vs STATE OF UTTARAKHAND
Parties
- BA1/890/2019 of PAWAN KAHSYAP (PETITIONER)
- STATE OF UTTARAKHAND (RESPONDENT)
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BA1 890/2019
Hon’ble N.S. Dhanik, J.(Via Video Conferencing)
Mr. D.S. Mehta, Advocate, for the
applicant.
Mr. J.S. Virk, AGA, assisted by Mr. R.K. Joshi and Ms. Shivali Joshi, Brief Holder for the State.
Let the relevant documents be filed within three days of the lifting of the lockdown. Exemption application (CRMA 1734/2020) stands disposed of accordingly. Heard on the bail application.
Having been implicated in FIR No. 02/2019, under Sections 8/20/60(3) of the NDPS Act, PS Askot, District Pithoragarh, the applicant is in jail.
Learned Counsel for the applicant would contend that the applicant has been falsely implicated; two co-accused persons, who have been assigned similar role as that of the applicant, have been granted bail and the present applicant is also entitled for bail on the ground of parity; mandatory provisions of the NDPS Act have not been complied with while making the search and seizure and the applicant is in jail since 2.2.2019.
Learned State Counsel would oppose the bail application and contend that provisions of the NDPS Act have been complied with. However, he would admit that the co-accused persons have been granted bail and it is case of parity.
Having considered the overall facts and circumstances of the case and without expressing any opinion on the final merits of the case, the bail application is allowed.
Let the applicant be released on his furnishing personal bond and two sureties, each in the like amount, to the satisfaction of Special Judge/Court concerned.
(N.S. Dhanik, J.) 04.6.2020