Mohd. Aamir vs State Of Uttarakhand
2025 Latest Caselaw 493 UK

Uttarakhand High Court

Mohd. Aamir vs State Of Uttarakhand on 3 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                IA No.1 of 2025 For Bail Application
                                 In
              Criminal Appeal No. 328 of 2025

Mohd. Aamir                                                    ...... Appellant

                                    Vs.

State of Uttarakhand                                      ..... Respondent

Present:
Ms. Sheetal Selwal, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.



Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal has been preferred against

judgment and order dated 11.04.2025, passed in Special Sessions

Trial No.21 of 2018, State Vs. Mohd. Aamir, by the court of

Special Judge (NDPS Act)/ 1st Additional District and Sessions

Judge, Nainital. By it, the appellant has been convicted and

sentenced under Section 8/21 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 ("the Act").

2. Heard.

3. Admit.

4. Call for the LCR.

5. Once LCR is received, let paper book be provided

to learned counsel for the parties, as per rules.

6. List thereafter for final hearing.

7. Heard on Bail Application (IA) No.1 of 2025.

8. It is argued by learned counsel for the appellant

that it is the case of non-compliance of Section 50 of the Act; the

appellant was not told his right to be searched before the

Magistrate/Gazetted Officer, as such; the appellant was on bail

throughout the trial.

9. Learned State Counsel would submit that the

prosecution has been able to prove its case beyond reasonable

doubt.

10. 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.

11. The bail application is allowed.

12. The sentence appealed against is suspended during

the pendency of the appeal.

13. 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.

(Ravindra Maithani, J.) 03.06.2025

Ravi Bisht