LAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. M.S. Pal, Senior Advocate, assisted by Mr. Deepak Bisht, Advocate, for the applicant and Ms. Mamta Joshi, learned Brief Holder, for the State of Uttarakhand. The applicant is in jail having been implicated in FIR No. 30 of 2015, which has been registered under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, at Police Station Kotwali Khatima, District Udham Singh Nagar.

(2.) It is alleged in the first information report that quantity of "Charas" is about 1 Kg 32 Grams which has been recovered from the applicant. The applicant alleges that there is a violation of Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act, inasmuch as, the search was not done before the Gazetted Officer or Magistrate and the search was not made before the independent witness as provided under Sec. 100 Cr.P.C. Prima facie, there is a violation of Sec. 100 Cr.P.C. The applicant is in jail for the last six months.

(3.) Considering the overall circumstances and overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail. The bail application is accordingly allowed.