BA1/2497/2022 of SAJID Vs STATE OF UTTARAKHAND

HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 2497 of 2022

Sajid

….....Applicant

Versus

State of Uttarakhand ….….Respondent

Present:- Mr. Vikramaditya Shah, Advocate for the applicant. Mr. B.P.S. Mer, Standing Counsel for the State.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant Sajid is in judicial custody in FIR No.0210 of 2022, under Section 8/21/60 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Thana Lalkuan, District- Nainital. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 25.07.2022, 327 grams Smack was allegedly recovered from the applicant. It is the case that recovery was also made from the co-accused.

4. Learned counsel for the applicant would submit that it is case of non compliance of Section 50 of

the Act because the applicant was not informed about his right to be searched before the Magistrate.

5. On 14.11.2022, when this case was taken up, the Court had required learned State Counsel to get instructions on this aspect.

6. Today, learned State Counsel gives statement that, in fact, the applicant was not told of his right to be searched before the Magistrate.

7. Apparently, it is case of non-compliance of Section 50 of the Act.

8. Having considered, this Court is of the view that it is 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 personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

Ravi Bisht

(Ravindra Maithani, J.) 16.11.2022