On May 28, 2013, the High Court of Uttarakhand allowed the bail application of Prem Singh Noliya, who was accused under Sections 8, 18, and 20 of the N.D.P.S. Act, granting him release on personal bond.
Released on bail by furnishing a personal bond of `50,000/- and two sureties, each of the like amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital the 28th Day of May, 2013 1st Bail Application No. 648 of 2013
Order on the Bail Application:
CRIMINAL SIDE
Prem Singh Noliya …………..Applicant. Versus State of Uttarakhand .………….Respondent.
Hon’ble Alok Singh, J. (Oral)
This is a bail application seeking regular bail in FIR No. 12 of 2013 under Sections 8/18/20 N.D.P.S. Act, Police Station Bhimtal, District Nainital.
M.S. Pal, Senior Advocate assisted by Mr. B.M. Pingal, Advocate appearing for the applicant, while placing reliance on the judgment of Hon’ble Apex Court in the case of Kishan Chand vs. State of Haryana reported in 2013 (2) SCC, 502 contends that strict compliance of Section 42(1) of the Act is mandatory and in the present case, secret information, so received, was not reduced in writing nor immediately forwarded to the superior officers. He further submits that entries of malkhana register are not being maintained properly; one page of the malkhana register cannot be assigned to one case and entries in the malkhana register should be made serial wise as per the movement of different properties being deposited and taken out from the malkhana. As per Mr. M.S. Pal, senior counsel for the applicant, it seems that Station House Officer is using his influence on the Malkhana Moharrier to maintain the malkhana register in violation to the Rules and Regulations.
Considering the totality of the facts and circumstances of the case, bail application is allowed. I direct, let the accused / applicant be released
2
on bail on furnishing his personal bond of `50,000/- and two sureties, each of the like amount, to the satisfaction of Special Judge, N.D.P.S. Act, Nainital.
(Alok Singh, J.) 28.05.2013 Sanjay
2 issues framed by the court
Whether the applicant is entitled to regular bail in the N.D.P.S. Act case.
Whether the failure to strictly comply with Section 42(1) of the N.D.P.S. Act mandates bail.
Colour shows how this judgement treated each authority
Kishan Chand vs. State of HaryanaReferred¶11
2013 (2) SCC, 502 · Who else cites this
1 provisions across 1 enactments
Prem Singh Noliya
State of Uttarakhand
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
