[Cites 2, Cited by 0]
Uttarakhand High Court
BA1/2156/2025 on 26 February, 2026
2026:UHC:1376
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/2156/2025
Hon'ble Alok Mahra, J.
Mr. Vikas Singh Yadav alogn with Mr.
Ravi Bisht, learned counsel for the applicant.
2. Mr. K.S. Bora, learned Deputy A.G.
along with Mr. S.C. Dumka, learned A.G.A.
and Mr. Dinesh Chauhan, learned Brief
Holder for the State.
3. Applicant-Priyanshu Negi, who is in
judicial custody in connection with Case
Crime/FIR No. 0295 of 2025 registered
under Section 8 r/w 20, 29 and 60 of the
Narcotic Drugs and Psychotropic Substances
Act, 1985 at Police Station Raipur, District
Dehrdun, has sought his release on bail.
4. Heard learned counsel for the applicant
and perused the record.
5. As per the prosecution case, on
16.09.2025, during routine checking, the
police party allegedly noticed two scooters
approaching. Upon seeing the police
personnel, the drivers purportedly attempted
to turn back, as a result of which both
scooters fell. The police party apprehended
the applicants and allegedly recovered 1 kg
20 grams of charas from the diggy of one
scooter.
6. Learned counsel for the applicant would
submit that the applicant has been falsely
implicated. It is contended that the inventory
report and arrest memo were allegedly
prepared at the spot prior to the lodging of
the F.I.R.; however, all such documents bear
the F.I.R. number. This circumstance creates
a serious doubt about the genuineness of the
prosecution version. If the documents were
prepared before registration of the F.I.R., the
mention of the F.I.R. number on such
2026:UHC:1376
documents indicates ante-timing and
manipulation.
7. It is further submitted that there is no
corresponding General Diary (G.D.) entry
reflecting the time of registration of the F.I.R.
number, thereby casting additional doubt on
the authenticity of the prosecution case;
that, no contraband was recovered from the
conscious possession of the applicant; that,
the alleged recovery has been shown from
the diggy of the scooter, which is not
registered in the name of the present
applicant. There is no material on record to
demonstrate that the applicant had
knowledge of the alleged contraband kept in
the vehicle. Thus, the essential ingredient of
conscious possession is completely absent.
8. Learned counsel further submits that
the learned Magistrate failed to satisfy
himself regarding due compliance of the
mandatory procedure prescribed under the
Narcotic Drugs and Psychotropic Substances
(Seizure, Storage, Sampling and Disposal)
Rules, 2022 at the time when the seized
contraband was produced before the Court.
It is argued that when foundational
requirements relating to lawful seizure,
sampling, and safe custody are not complied
with, the prosecution cannot seek to invoke
the stringent bar contained in Section 37 of
the NDPS Act.
9. It is further submitted that the
applicant is not a previous convict; that,
that, the court below court below has
rejected the bail application of the applicant
vide order dated 25.10.2025 in a cursory and
mechanical manner; that, the applicant is a
permanent resident of District Dehradun and
there is no possibility of his absconding or
tampering with the prosecution evidence. It
is further submitted that the trial is not
likely to conclude in the near future and,
therefore, the applicant deserves to be
2026:UHC:1376
enlarged on bail.
10. Learned State counsel would
vehemently oppose the bail application,
however, he would admit that the alleged
contraband was recovered from the diggy of
the scooter and the court below vide order
dated 25.10.2025 has dismissed the bail
application of the applicant.
11. Having considered the submissions
made by both parties and without expressing
any opinion on the merits of the case, this
Court is of the view that the applicant is
entitled to be released on bail.
12. Accordingly, the 1st bail application is
allowed on the following conditions:-
(a) The applicant shall execute a
personal bond and furnish two reliable
sureties in the like amount to the
satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of the
court.
(c) The applicant shall appear before the
investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper with
evidence or witnesses, either directly or
indirectly and shall not indulge in any
criminal activity while on bail.
(e) The applicant shall surrender his
passport, if any, to the court or to the
investigating agency, to preclude risk of
absconding.
13. The bail granted to the applicant shall be
liable to be cancelled in the event of any
violation of the aforesaid conditions or if the
applicant is found to have misused the liberty
granted to him.
[
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(Alok Mahra, J.)
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26.02.2026
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cn=MAMTA RANI
Date: 2026.02.27 19:34:19 +05'30'
Mamta
2026:UHC:1376
