Sumit Dua Vs State of Uttarakhand

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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First Bail Application No.899 of 2022

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Sumit Dua ….....Applicant

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Versus

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State of Uttarakhand ….….Respondent

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Present:Mr. Mani Kumar, Advocate for the applicant. Mr. K.S. Rawal, A.G.A. for the State.

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Hon’ble Ravindra Maithani, J. (Oral)

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Applicant Sumit Dua is in judicial custody in FIR No.217 of 2022, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act”), Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.

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Heard learned counsel for the parties and perused the record.

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It is argued that it is a case of alleged recovery prior information. According to the case, 30.69 grams Smack was allegedly recovered from the possession of the applicant while he was driving the vehicle.

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Learned counsel for the applicant would submit that there is non-compliance of Section 50 of the

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2

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Act; the applicant was not told of his right to be searched before a Magistrate.

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Learned State counsel admits that according to the FIR, the option of search was given only before the Gazetted Officer, not before the Magistrate.

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It makes out the case for bail.

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Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

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The bail application is allowed.

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Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

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(Ravindra Maithani, J.) 25.04.2022

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Sanjay

Sumit Dua v. State of Uttarakhand

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Sumit Dua v. State of Uttarakhand

Case brief

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