Rakesh Bohara vs State Of Uttarakhand
2025 Latest Caselaw 3866 UK

Uttarakhand High Court

Rakesh Bohara vs State Of Uttarakhand on 25 April, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  HIGH COURT OF UTTARAKHAND AT NAINITAL
               IA No. 1 of 2024 (Bail Application)
                               In
                Criminal Appeal No. 143 of 2025

 Rakesh Bohara                                               ........Appellant


                                   Versus


 State of Uttarakhand                                     ........Respondent

 Present:-
        Mr. Amit Kapri, Advocate for the appellant.
        Ms. Manisha Rana Singh, Deputy Advocate General for the State.


 Hon'ble Ravindra Maithani, J.

Instant criminal appeal is preferred against the judgment

and order dated 18.02.2025 passed in Special Sessions Trial No. 55 of

2019, State v. Rakesh Bohara, by the court of Special Judge (NDPS

Act)/District & Sessions Judge, Champawat. By it, the appellant has

been convicted under Section 8/20 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 ("the Act") and sentenced to

undergo rigorous imprisonment for a period of two years and a fine of

Rs. 20,000/- under Section 20(b)(ii)B of the Act, and in default of

payment of fine to undergo additional simple imprisonment for a

period of three months.

2. The appeal is already admitted.

3. Heard on bail application and perused the record.

4. Learned counsel for the appellant would submit that

during trial, the appellant was on bail; it is a case of alleged recovery of

152 gms. of charas from the applicant; according to the prosecution,

three persons were arrested, but right to be searched before a

Magistrate or a Gazetted Officer was jointly communicated, which is

violative of Section 50 of the Act.

5. Learned State Counsel would submit that as per the

prosecution case, the communication was joint, but all the three

arrested persons did sign on the consent letter.

6. Right to be searched before a Magistrate or a Gazetted

Officer under Section 50 of the Act is not a mere formality. It has as

purpose behind it.

7. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended and the

appellant be enlarged on bail.

8. The bail application is allowed.

9. The execution of sentence appealed against is suspended

during the pendency of the appeal.

10. Let the appellant be released on bail, during the

pendency of the appeal on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to the

satisfaction of the court concerned.

11. List the criminal appeal for final hearing on 24.07.2025.

(Ravindra Maithani, J) 25.04.2025 Avneet/