Office Notes, reports, orders or proceedings

SL. No. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures

Mr. Susheel Kumar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the Applicant.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikas Uniyal, learned Brief Holder for the State.

3. Present bail application has been filed by the applicant, who is in judicial custody in connection with FIR/Case Crime No.581 of 2025 under Section 8/21 of Narcotic Drugs and Psychotropic Substances, Act 1985, Police Station SIDCUL, District Haridwar.

4. Heard learned counsel for the parties.

5. Learned counsel for the applicants submits that the matter relates to the non-commercial quantity and there is a basic anomaly regarding the mandatory provision of Section 50 as stipulated under the NDPS Act of search and seizure whereby it is provided that the person involved in possession of the contraband has a right that he may be searched by the nearest Gazetted Officer or a Magistrate whereas the search was conducted by a Constable that is not stipulated in the procedure laid down under Section 50 of the NDPS Act.

6. Learned counsel for the applicant submits that during the procedural documentation of search and seizure particularly in the inventory report an FIR number has been mentioned prior to lodging of the FIR. He further submits that there is a marriage ceremony of the sister of the applicant.

7. Learned State counsel opposed the bail application.

8. Having heard learned counsel for the parties, without going into the merits and considering the facts and circumstance of the case, this Court is of the opinion that applicant is entitled to be released on bail.

8. Accordingly, the bail application is allowed. Let the applicant-Savej be released on bail on his executing a personal bond and two reliable sureties of the like amount to the satisfaction of court concerned.