Uttarakhand High Court
BA1/286/2026 on 27 March, 2026
2026:UHC:2217
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/286/2026
Hon'ble Alok Mahra, J.
Ms. Unnati Pant, learned counsel
for the applicant.
2. Mr. Rakesh Negi, learned Brief
Holder for the State.
3. Applicant- Ravindra Singh, who is
in judicial custody in connection with
FIR No. 0048 of 2026, under Sections
8/20 of the Narcotics Drugs and
Psychotropic Substances Act, 1985,
registered at Police Station Haldwani
District Nainital has sought his release
on bail.
4. Heard learned counsel for the
parties and perused the record.
5. As per the prosecution case, on
08.02.2026, during routine checking, the
police party allegedly apprehended the
applicant and recovered contraband from
the bag carried by him. On the basis of the
said alleged recovery, the present F.I.R.
came to be registered against the applicant
on the same day.
5. Learned counsel for the applicant
submits that the applicant has been
falsely implicated in the present case and
that the mandatory provisions of the
N.D.P.S. Act have not been complied with
by the prosecution. It is further submitted
that the mandatory safeguards provided
under Section 50 of the N.D.P.S. Act have
also not been followed. Learned counsel
further submits that the alleged recovery
has been shown as a chance recovery.
6. Learned counsel for the applicant
further submits that the quantity of
contraband allegedly recovered from the
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possession of the applicant is below the
commercial quantity. It is further
contended that the applicant has no
previous criminal history and is in judicial
custody since 08.02.2026. It is also
submitted that no independent public
witness was associated with the alleged
recovery, which casts serious doubt on the
prosecution version. It is further pointed
out that although the applicant was
allegedly arrested at about 4.45 p.m. on
the same day, the F.I.R. was lodged at
about 8.58 p.m. nearly four hours
thereafter. However, the inventory report
and the arrest memo, which are alleged to
have been prepared at the spot prior to
lodging of the F.I.R., bear the F.I.R.
number.
7. Learned counsel therefore submits
that the mention of the F.I.R. number in
the inventory report and arrest memo,
despite the fact that the F.I.R. was
registered subsequently, creates a serious
doubt regarding the genuineness of the
alleged recovery and indicates that the
documents were prepared later on. It is
further submitted that the applicant is a
permanent resident of District Nainital and
there is no likelihood of his absconding or
tampering with the prosecution evidence.
It is also contended that the trial of the
case is likely to take considerable time to
conclude.
9. Per contra, learned State counsel has
vehemently opposed the bail application
and submitted that the provisions of the
N.D.P.S. Act have been duly complied with
and that the recovery has been effected in
accordance with law. However, he fairly
conceded that the quantity of contraband
allegedly recovered from the possession of
the applicant is below commercial quantity
and that there is no corresponding G.D.
entry explaining the mention of the F.I.R.
number in the documents prepared at the
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spot.
10. Without expressing any opinion on
the merits of the case, and considering the
submissions advanced by learned counsel
for the parties as well as the material
available on record, particularly the nature
and quantity of the contraband allegedly
recovered, this Court is of the view that
the applicant has made out a case for
grant of bail.
11. Accordingly, the 1st bail application
is allowed on the following conditions:-
(a) The applicant shall execute a
personal bond and furnish two
reliable sureties in the like amount
to the satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of
the court.
(c) The applicant shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.
(e) The applicant shall surrender his
passport, if any, to the court or to
the investigating agency, to preclude
risk of absconding.
12. 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.)
27.03.2026
Mamta
2026:UHC:2217