Bhoodev Alias Bhoodev Gangwar ... vs State Of Uttarakhand
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Uttarakhand High Court

Bhoodev Alias Bhoodev Gangwar ... vs State Of Uttarakhand on 4 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

      HIGH COURT OF UTTARAKHAND AT NAINITAL

                    Bail Application (IA) No.01 of 2024
                                     In
                     Criminal Appeal No. 675 of 2024

Bhoodev alias Bhoodev Gangwar                         ........Appellant/Applicant
                                         Vs.
State of Uttarakhand                                          ........... Respondent
Present :   Mr. Karan Singh Dugtal, Advocate for the appellant/applicant.
            Ms. Manisha Singh Rana, Deputy Advocate General for the State.


Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 10.09.2024, passed in Special Sessions

Trial No.11 of 2019, State of Uttarakhand Vs. Mr. Bhoodev alias

Bhoodev Gangwar, by the court of Special Sessions Judge (NDPS

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

has been convicted and sentenced under Sections 20(b)(ii)(C) of the

Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act").

2. Heard on Bail Application (IA) No.1 of 2024.

3. Learned counsel for the appellant would submit that in

the instant matter the compliance of Section 50 of the Act has not

been made; it is a case of personal search.

4. Learned State Counsel would submit that there is a

consent letter of the appellant.

5. According to the recovery memo the appellant was given

option to be searched by either the Gazetted Officer or the

Magistrate and he expressed his desire to call Gazetted

Officer/Magistrate. The recovery memo does not reveal, as to what

exactly was told to the appellant and what he replied.

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

case in which the execution of sentence should be suspended and

the applicant/appellant be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence, which is under challenge in

this appeal shall remain suspended during the pendency of the

appeal.

9. Let the applicant/appellant be released on bail, during

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.

(Ravindra Maithani, J.) 04.06.2025 Sanjay