CRLA/49/2022
2022 Latest Caselaw 2534 UK

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

                    17TH AUGUST, 2022

                 BAIL APPLICATION NO.1 of 2022
                              IN
              CRIMINAL APPEAL NO. 49 of 2022


Between:

Naushad Ali                                      ...Appellant

and

State of Uttarakhand.                            ...Respondent



Counsel for the Appellant    :   Mr. Mohd. Azim.



Counsel for the State        :   Mr. Pratiroop Pandey,
                                 learned A.G.A. for the
                                 State.


Hon'ble Alok Kumar Verma,J.

This Bail Application (IA No.1 of 2022) has been

filed in this Criminal Appeal.

2. Present Criminal Appeal has been filed against

the judgment dated 18.12.2021, passed by the Special

Judge (NDPS Act)/ Ist Additional District and Sessions

Judge, Udham Singh Nagar in Special Sessions Trial No.77

of 2013, "State vs. Naushad Ali", whereby, the appellant -

Naushad Ali has been convicted and sentenced to undergo

rigorous imprisonment for a period of five years along with

a fine of Rs.20,000/- for the offence under Section 8/20 of

the Narcotic Drugs and Psychotropic Substances Act,

1985.

3. Heard Mr. Mohd. Azim, the learned counsel for

the appellant and Mr. Pratiroop Pandey, the learned A.G.A.

for the State on Bail Application (IA No.1 of 2022).

4. The learned counsel for the appellant submitted

that the appellant has been falsely implicated in this

matter; the mandatory provision of Section 50 of the said

Act, 1985 was not followed; nothing was recovered from

the possession of the appellant; there was no public

witness in the proceedings of the alleged recovery; the

alleged recovered contraband was non-commercial; the

appellant has no criminal history; the appellant is a

permanent resident of District Udham Singh Nagar and the

appellant is in custody since 18.12.2021.

5. The learned counsel for the State opposed the

bail application. However, he fairly conceded that the

appellant has no criminal history.

6. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant-

Naushad Ali provided he submits a personal bond and two

reliable sureties each in the like amount to the satisfaction

of the court concerned.

7. List this case on 19.10.2022 for final hearing.

___________________ ALOK KUMAR VERMA, J.

Dt: 17.08.2022 Pant /