Allowed

Dharam Singh v. State Of Uttarakhand

Uttarakhand HC2 Aug 2013BA1/571/2013

Case brief

AI extract

What is this about?

The High Court at Nainital allowed a bail application in a case under Sections 8/20 of the NDPS Act. Noting significant lapses in the Maalkhana Register regarding the movement of seized contraband, the court granted bail and directed the SSP Dehradun to inquire into these irregularities.

What did the court decide?

Applicant released on bail on personal bond of INR 50,000/ and two sureties; SSP Dehradun directed to inquire into Maalkhana irregularities within three weeks.

Dharam Singh Vs State Of Uttarakhand — Narcotics (NDPS) | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction 1^st Bail Application No. 571 of 2013 Order on the bail application of the accused.

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Dharam Singh. …….Applicant (in Jail).

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Versus

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State of Uttarakhand. …......…. Opposite Party.

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Present:

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Mr. Karan Anand, Advocate for the applicant. Mr. S.K. Chaudhary, Addl. G.A. for the State.

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Hon’ble Alok Singh, J (Oral).

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This is an application seeking regular bail in case crime no. 25 of 2013 under Section 8/20 of the NDPS Act, police station Nehru Colony, District Dehradun.

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Investigating Officer Sub Inspector Ms. Rekha Danu is present, in person, before this Court along with case diary.

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She has fairly stated that contraband was deposited in the Maalkhana by Sub Inspector Girish Negi on 11.02.2013 and on the next date, she was appointed as Investigating Officer in the matter. On 12.02.2013, she took out the contraband from Maalkhana to produce the same before the court, however, no entry, to this effect, was made in the Maalkhana Register and in the evening of 12.02.2013, contraband was again deposited in the Maalkhana, when FSL refused to accept the same, however, again no entry was made in the Maalkhana Register to this effect; contraband was again taken out from Maalkhana by Investigating Officer on 13.02.2013 to produce the same before the Court along with application to take out sample therefrom but no entry was made in the Maalkhana Register even on 13.02.2013, thereafter, contraband was again deposited in the Maalkhana in the

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evening of 13.02.2013 but again, no entry was made in the Maalkhana Register; thereafter, contraband was taken out third time on 21.02.2013 and handed over to FSL but again no entry was made in the Maalkhana Register. However, she has submitted that she made entries in the GD but she cannot explain as to why Maalkhana Moharir had not made entry in the Maalkhana Register and as to how Maalhana Moharir permitted her to take out sample, deposited in the Maalkhana, without making any entry in the Maalkhana Register. She has further submitted that despite submission of entire contraband to FSL, Dehradun on 21.02.2013, no FSL report has yet not come.

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Considering the totality of facts and circumstances of the case, bail application is allowed. Let the applicant be released on bail, on his furnishing a personal bond of ` 50,000/- and two sureties, of the like amount, to the satisfaction of Special Judge, NDPS Act, Dehradun.

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Let copy of this order be forwarded to the Senior Superintendent of Police, Dehradun to enquire into the matter, personally, as to why, entries were not made in Maalkhana Register regarding movement of contraband from Maalkhana and submit his report before this Court within three weeks from today, positively.

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SKS

Dharam Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Dharam Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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