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2026 Supreme(Online)(UK) 1109

HIGH COURT OF UTTARAKHAND
SAVEJ – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Office Notes, reports, orders or proceedings SL. No.

Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s

2026:UHC:2585 order with Signatures BA1 No.162 of 2026 Savej Vs.

State of Uttarakhand Hon’ble Ashish Naithani, J.

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 st

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