CRLA/295/2022
2022 Latest Caselaw 2465 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     04TH AUGUST, 2022

              CRIMINAL APPEAL NO.295 of 2022


Between:

Gun Bahadur and Others.                              .....Appellants

and

State of Uttarakhand.                                ...Respondent


Counsel for the Appellants :        Mr. Sanjeev Singh,
                                    learned counsel.
Counsel for the State           : Mr. Pratiroop Pandey,
                                  learned A.G.A.


Hon'ble Alok Kumar Verma,J.

This Criminal Appeal has been filed by the

appellants-accused persons, namely, Gun Bahadur,

Deepak Saini and Dharmendera Saini against the

judgment dated 21.07.2022, passed by the Special

Sessions Judge, Uttarkashi in Special Sessions Trial No.42

of 2018, "State vs. Gun Bahadur and two Others",

whereby the appellants have been convicted and

sentenced to undergo rigorous imprisonment for a period

of three years along with a fine of Rs.10,000/- each for

the offence under Section 8 read with Section 20 of the

Narcotic Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as, "the Act, 1985").

2. Heard Mr. Sanjeev Singh, the learned counsel

for the appellants and Mr. Pratiroop Pandey, the learned

A.G.A. for the State.

3. Admit.

4. Heard the learned counsel for the parties on the

Bail Application (IA No.1 of 2022).

5. The learned counsel appearing for the appellants

submitted that the mandatory provisions of Section 50

and Section 42 of the said Act, 1985 were not followed;

nothing was recovered from the possessions of the

appellants; the alleged recovered contraband were non-

commercial; the appellants are permanent resident of

District Haridwar; the appellants were on bail during the

trial and the conditions of the bail were neither misused

nor violated by the appellants; they have no criminal

history, and, the appellants are on interim bail.

6. The learned counsel for the State opposed the

bail application orally. However, he fairly conceded that

the appellants were on bail during the trial and the

conditions of the bail were not misused.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellants,

namely, Gun Bahadur, Deepak Saini and Dharmendera

Saini, provided they submit their personal bonds and two

reliable sureties, each in the like amount to the

satisfaction of the court concerned.

8. List this case on 17.10.2022.

___________________ ALOK KUMAR VERMA, J.

Dt: 04.08.2022 Neha