GANESH SINGH LAMGARIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE are the bail applications seeking regular bail in F.I.R. No. 14/13, under Section 8/20 N.D.P.S. Act, Police Station Kathgodam, District Nainital. Counter affidavits are handed over in the Court and are taken on record.

(2.) ON being asked by Mr. Hari Om Bhakuni, learned Brief Holder for the State, Sub -Inspector Inder Jit, Investigating Officer of the present case, submits that applicants were arrested by S.H.O. Sanjay Kumar Pandey and material was seized by the S.H.O. on 26.02.2013; He (Inter Jit) was appointed as Investigating Officer and investigation was handed over to him on 26.02.2013 at about 22:45; Investigating Officer has not checked the contraband, allegedly recovered from the applicant, nor the same was deposited in the malkhana under his signature and seal; further submits that accused/applicants were produced before the court for taking remand on 27.02.2013, however, contraband was not produced before the court along with the accused. He further submits on 28.02.2013, application was moved before the court for taking sample and after taking permission from the court sample was taken on 28.02.2013.

(3.) I have perused the case diary so produced before me by Mr. Hari Om Bhakuni, Brief Holder for the State and I find that on 28.02.2013, there was an endorsement of the Circle Officer to the effect sample was drawn after obtaining permission of the court, but it has not been mentioned that sample was drawn in the presence of the Magistrate or Magistrate has checked, compared and certified the correctness of the inventory, seal, seizure memo and sample.