LAWS(UTN)-2023-7-58

NAGENDRA SINGH Vs. STATE OF UTTARAKHAND

Decided On July 21, 2023
NAGENDRA SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Present Application has been filed for grant of regular bail in connection with the Case Crime No.302 of 2023, registered at police station Bazpur, District Udham Singh Nagar under Sec. 8/18/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "Act, 1985").

(2.) As per FIR, police party was on patrolling duty. Applicant was apprehended. He was sitting in a vehicle. On search, 1.04 Kg. of opium was recovered from the said car. Applicant was arrested at 20.40 hrs on 28/6/2023.

(3.) Mr. Vikas Kumar Guglani, Advocate, contended that the applicant has been falsely implicated. Nothing was recovered from his possession. The said recovery was planted. Mandatory provision of Sec. 42 the Act, 1985 was not followed. Applicant has no criminal history, and, the said contraband is in non commercial quantity.