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Judgment
Ravindra Maithani, J
Applicant is in judicial custody in FIR/Case Crime No. 536 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sidcul, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 30.09.2023, narcotic substance in commercial quantity was recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the case is doubtful because the Drug Inspector, who allegedly searched the applicant did not sign the recovery memo. He would submit that the prosecution is relying on the inventory report, but the inventory report is not signed by the applicant. Therefore, it is argued that the entire case is doubtful.
Learned State counsel given time to get instruction on multiple occasions to verify this fact. She admits under instruction that recovery memo has not been signed by the Drug Inspector, who conducted search. She would also submit that the inventory report, which has been prepared by the Drug Inspector has not been signed by the accused.
It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.
A person who conducts search is supposed to sign the recovery memo. As per FIR in the instant case, the Drug Inspector has conducted search, but the recovery memo is admittedly, not signed by the Drug Inspector. The Drug Inspector has allegedly prepared the inventory report at the spot, why it is not signed by the applicant? This and many more questions would find answer during trial.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
The bail application is allowed.
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.