Nagendra Chaudhary vs State of Uttarakhand

Hon''ble J.C.S. Rawat, J.—Heard Mr. Vivek Shukla, Advocate for the applicant and Mr. B.S. Parihar, Brief Holder for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; the quantity which is alleged to have been recovered from the possession of the accused-applicant is 20 kgs ''Charas'' (contraband material); the fact that the said contraband material was not weighed at the spot and Section 52A(2) of the N.D.P.S. Act has not been complied with; considered the judgment delivered by this court in the case of Baldev Singh Vs. State of Uttarakhand in First Bail Application No. 1428/2007 on 09-09-2008; and in considering the facts and circumstances of the case, it is a fit case for bail.

Let the applicant-accused be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the Special Judge, NDPS Act, Haridwar.