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2023 Supreme(UK) 641

RAKESH THAPLIYAL
Sunder Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. R.S. Sammal.
For the Opposite Party : Mr. Saurabh Pandey, learned Brief Holder.

JUDGMENT :

This is the second Bail Application of the present applicant for seeking bail in relation to FIR No. 0071 of 2020 for the offences cognizable under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”), P.S. Pantnagar, District Udham Singh Nagar.

2. The first Bail Application bearing Bail Application No. 1808 of 2020 was dismissed as withdrawn on 29.03.2022.

3. As per the prosecution, on 21.03.2020, the complainant along with the team of other police personnel, received an information from a secret police informer that three or four persons were carrying illicit contraband material (Charas) in a red-golden Eicher Canter (truck) bearing Registration No. U.K.-04CB-5197. On this information, the police officials along with the informer, proceeded to the spot, and while reaching, informer identified the vehicle, and the police personnel apprehended the vehicle on the spot by using force. The police personnel, thereafter, found that there were four persons inside the vehicle, namely Sangram Singh @ Santosh, Sunder Singh (the present applicant), Vishal Kakkar and Nandan Singh Bisht, who confessed that they are pos

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