[Cites 5, Cited by 0]
Uttarakhand High Court
BA1/2392/2025 on 27 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No. 2392 of 2025
Hon'ble Alok Mahra, J.
Mr. Suryakant Maithani, learned
counsel for the applicant.
2. Mr. Akshay Latwal, learned A.G.A. for
the State.
3. Applicant-Pankaj, who is in judicial
custody in connection with Case Crime/FIR
No. 319 of 2025, under Sections 8, 20, 29
and 60 of the Narcotic Drugs and
Psychotropic Substances Act, 1985,
registered at Police Station Vikasnagar,
District Dehradun, has sought his release on
bail.
4. Heard learned counsel for the applicant
and perused the record.
5. As per the prosecution case, 1.5 Kg of
charas was recovered from beneath the seat
of the pillion rider of the pickup.
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
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 vehicle was apprehended in Pul No. 2,
Vikasnagar and after search of the vehicle,
the alleged contraband was recovered by the
Police from beneath the seat of the pillion
rider. 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, 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 enlarged on bail.
10. Learned State counsel would
vehemently oppose the bail application,
however, he would admit that the alleged
contraband was recovered from beneath the
seat of the pillion rider of the pickup.
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. The bail application is allowed.
13. Let the applicant be released on bail, on
his executing personal bond and furnishing
two reliable sureties, each of like amount, to
the satisfaction of Court concerned, subject
to the following conditions:-
(a) The applicant shall not leave the
country without prior permission of the
court.
(b) The applicant shall appear before the
investigating officer as and when
required and cooperate with the
investigation.
(c) The applicant shall not tamper with
evidence or witnesses, either directly or
indirectly and shall not indulge in any
criminal activity while on bail.
(d) The applicant shall surrender his
passport, if any, to the court or to the
investigating agency, to preclude risk of
absconding.
14. 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.
[
(Alok Mahra, J.)
27.02.2026
Ujjwal
