CRLA/272/2021
2022 Latest Caselaw 2272 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                          25th JULY, 2022

                  Bail Application No.01 of 2021
                               In
               CRIMINAL APPEAL NO. 272 of 2021

Between:

Santosh Kukreti                                      ...Appellant

and

State of Uttarakhand.                               ...Respondent

Counsel for the Appellant       : Mr. Himanshu Pal Singh,
                                  learned counsel holding
                                  brief of Ms. Shaifali Singh,
                                  learned counsel.

Counsel for the State           : Mr. Pratiroop Pandey,
                                  learned AGA for the State.

Hon'ble Alok Kumar Verma,J.

The appellant, namely, Santosh Kukreti has

been convicted and sentenced to undergo rigorous

imprisonment for a period of ten years along with a fine of

Rs.1.00 Lakh for the offence punishable under Section

20(b)(ii)(c) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 vide judgment dated 07.09.2021,

passed by the Special Judge (NDPS Act), Tehri Garhwal in

Special Sessions Trial No.32 of 2016.

2. Heard Mr. Himanshu Pal Singh, learned counsel

holding brief of Ms. Shaifali Singh, learned counsel for the

appellant and Mr. Pratiroop Pandey, learned AGA for the

State on the Bail Application (IA No.01 of 2021).

3. The learned counsel for the appellant submitted

that the appellant has been implicated in this matter; the

provision of Section 50 of the said Act, 1985 was not

followed; there are substantial doubts about the

conviction; the case of the prosecution is that the

appellant was arrested near the park, whereas, according

to the Investigating Officer, the appellant was arrested

from the car; the appellant has no criminal history; he is

in custody since 07.09.2021; he is a permanent resident

of District Dehradun; 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 9.954 grams charas, which is

non-commercial and the appellant was on bail during the

trial and the conditions of bail were neither misused nor

violated by him.

4. The learned counsel appearing for the State

opposed the bail application, however, he fairly conceded

that the appellant has no criminal history and the

appellant was on bail during the trial and the conditions of

bail were neither misused nor violated by him.

5. Considering the facts and circumstances of the

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

Santosh Kukreti, provided he submits a personal bond and

two reliable sureties of the same amount to the

satisfaction of the court concerned.

6. List this case on 14.09.2022.

__________________ ALOK KUMAR VERMA, J.

Dt: 25th July, 2022 Pant/