Unknown vs State Of Uttarakhand
2026 Latest Caselaw 1638 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand on 27 February, 2026

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                              Bail Application No. 01 of 2025
                              In
                              CRLA No. 612 of 2025
                              Devendra Singh
                                                                   --Appellant
                                                     Versus
                              State of Uttarakhand
                                                                 --Respondent
                              Hon'ble Ashish Naithani, J.

Ms. Reema Rana, learned Legal Aid Counsel for the Appellant through video conferencing.

2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. Heard learned counsel for the parties on the Bail Application (I.A. No. 01 of 2025).

4. The present Criminal Appeal has been filed against the judgment and order dated 13.08.2025, passed by the learned Court of Special Sessions Judge (N.D.P.S.)/Sessions Judge, Uttarkashi in Special Sessions Trial No. 09 of 2024, whereby the Appellant - Devendra Singh - was convicted and sentenced under Section 8/20 of the NDPS Act to undergo rigorous imprisonment for ten years along with a fine of Rs. 1,00,000/-. In default of payment of fine, the Appellant shall undergo an additional six months' imprisonment.

5. Learned counsel for the Appellant submits that there is no independent witness to the alleged incident; that the Appellant is innocent and is the sole breadwinner of his family; that he has been in jail since the date of his arrest, i.e., 10.11.2025; and, most importantly, that no inventory of the contraband allegedly recovered and seized from the Appellant and co-accused Ishwar Singh was prepared in accordance with law.

6. Learned State Counsel opposed the bail application contending that the alleged contraband (charas) is of commercial quantity as per the Schedule to the NDPS Act.

7. After hearing learned counsel for the parties and upon consideration of the facts and circumstances of the case, particularly considering that the inventory report, which ought to have been prepared at the time of seizure of the contraband, has not been produced before this Court, thereby prima facie indicating non-compliance with the mandatory procedural requirements under the NDPS Act, this Court is of the opinion that, at this stage, sufficient grounds exist for granting bail to the Appellant during the pendency of the appeal.

8. The Bail Application is allowed. Accordingly, the Appellant - Devendra Singh - shall be released on bail during the pendency of the present criminal appeal, upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court concerned.

9. It is clarified that the grant of bail shall not be treated as a ground for seeking unnecessary adjournments or for delaying the disposal of the present criminal appeal.

10. List this case on 18.05.2026.

(Ashish Naithani, J.) 27.02.2026 Shiksha