IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL FIRST BAIL APPLICATION NO. 2522 OF 2024 (Under Section 483 of B.N.S.S.)

Shanu S/o Rahees Ahmed ... Applicant (In Jail)

Versus State of Uttarakhand ... Respondent Presence:

Mr. Vikas Kumar Guglani, learned counsel for the Applicant.

Mr. Rakesh Negi, learned Brief Holder for the State.

Hon’ble Ashish Naithani, J ( Oral)

The present bail application has been filed on behalf of the applicant, Shanu, son of Rahees Ahmed, who is in judicial custody in connection with FIR No. 165 of 2024, registered at Police Station Pulbhatta, District Udham Singh Nagar. The case stems from an incident dated 19.10.2024, when the applicant, while driving a blue Wagon R car along with two co-accused Khurshid and Asma was intercepted by the police near Shankar Farm Cut during a routine check.

2. It is alleged that all three occupants appeared nervous and, upon questioning, admitted to possessing smack intended for sale. The police claim to have informed them of their rights under Section 50 of the NDPS Act, and, after obtaining their consent, conducted a search in the presence of a Gazetted Officer.

3. During the search, 353 grams of smack (net weight) were allegedly recovered from the applicant’s pants pocket, and similar recoveries were made from the co-accused.

4. The entire procedure was videographed by Constable Dharamveer Singh, and the contraband was sealed and inventoried at the spot.

5. All three were then arrested, and an FIR was registered under Sections 8, 21, 29, and 60 of the NDPS Act. The applicant has remained in custody since 20.10.2024.

6. During further investigation, another individual, Rifakat, was arrested on 01.01.2025, with an alleged recovery of 1062 grams of smack.

7. The applicant’s previous bail application was rejected by the learned Special Judge (NDPS Act), Udham Singh Nagar, vide order dated

03.12.2024. He now seeks bail from this Court.

8. The State’s case, in brief, is that on 19.10.2024, during a routine police check near Shankar Farm Cut, a blue-coloured Wagon R car bearing registration no. UP14CF9528, coming from Kichha towards Sitarganj, was intercepted on suspicion.

9. It is alleged that the occupants of the vehicle namely the applicant Shanu (driver), and co-accused Khurshid and Asma appeared nervous and, upon being questioned, reportedly admitted to possessing smack intended for sale in Sitarganj.

10. The police are said to have informed all three persons of their legal rights under Section 50 of the NDPS Act, following which they consented to be searched in the presence of a Gazetted Officer.

11. The Circle Officer of Sitarganj was accordingly called to the spot, and it is alleged that a search conducted thereafter led to the recovery of 353 grams of smack (net weight) from the applicant’s pants pocket. Similar quantities are stated to have been recovered from the possession of the co-

accused.

12. The entire search and seizure operation was reportedly videographed by Constable Dharamveer Singh on the complainant’s mobile phone. It is further alleged that the contraband was sealed and inventoried at the spot itself, and that all procedural formalities were observed.

13. The applicant and the co-accused were then arrested, and an FIR was registered under Sections 8/21/29/60 of the NDPS Act.

14. The investigation is also said to have led to the arrest of one Rifakat on 01.01.2025, from whom 1062 grams of smack was allegedly recovered.

15. Heard Mr. Vikas Kumar Guglani, learned counsel for the Applicant, and Mr. Rakesh Negi, learned Brief Holder for the State.

16. Learned counsel for the applicant has contended, with emphasis, that the applicant has been falsely implicated in the present case.

17. It is contended that no independent witness was associated with the alleged recovery, which casts doubt on the credibility of the State’s version.

18. The learned counsel further argued that there have been procedural lapses in compliance with the mandatory provisions of the NDPS Act, particularly Sec