Allowed

Mohar Singh v. State Of Uttarakhand

Uttarakhand HC1 Jul 2013BA1/625/2013

Case brief

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What is this about?

The High Court of Uttarakhand allowed a bail application in a narcotics case. Relying on the Supreme Court's ruling in Kishan Chand, the court granted bail due to the police's failure to record secret information in writing and forward it to superior officers as mandated by the NDPS Act.

What did the court decide?

Application allowed; applicant to be released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of the like amount.

Mohar 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. 625 of 2013 Order on the bail application of the accused.

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Mohar 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. R.P. Nautiyal, Sr. Advocate assisted by Ms. Sangeeta Bhardwaj, Advocate for the applicant. Ms. Mamta Bisht, AGA 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. 60 of 2013 under Section 18/20 of the NDPS Act, police station Sitarganj, District Udham Singh Nagar.

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Learned counsel for the applicant submits that as per the contents of the FIR, police informer passed on secret information to the effect that two persons were taking food in D-Village restaurant and they were discussing for exchange of some material, therefore, police should come and search them; having received such information, police tried to have independent public witnesses but none could be agreed to become a public witness, therefore, police party made search of each other and having satisfied that none of them was having any contraband proceeded towards the restaurant wherefrom contraband was recovered from the possession of the present applicant and his accomplice namely Ram Avtar.

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Learned counsel for the applicant has placed reliance on the dictum of Hon’ble Apex Court in the case of Kishan Chand Vs. State of Haryana reported in 2013 (2) SCC 502 wherein also having received secret information, police

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party proceeded to search and thereafter, apprehended the accused with contraband. Hon’ble Apex Court in those facts and circumstances has held that secret information, so received by the police, ought to have been reduced, in writing and forwarded to the higher officers and non compliance of Section 42 (1) of the NDPS Act is fatal for the prosecution story. Mr. R.P. Nautiyal, Sr. Advocate, states that in the present case also, secret information, so received, was not reduced, in writing nor forwarded to the superior officers.

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Therefore, 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, Udham Singh Nagar.

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(Alok Singh, J.)

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SKS

Mohar Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Mohar Singh v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

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