Uttarakhand High Court
BA1/1151/2003 of SANJAY PATEL Vs STATE on 16 December 2003
COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 16th day of December 2003 Criminal Misc. Bail Application No. 1151/2003 Order on the bail application of accused. CRIMINAL SIDE Sanjay Patel S/o Ramanand Patel R/o Bawara Police Station Baldhar District Betia Bihar
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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION
Dated: Nainital the 16[th] day of December 2003 Criminal Misc. Bail Application No. 1151/2003 Order on the bail application of accused.
CRIMINAL SIDE
Sanjay Patel S/o Ramanand Patel R/o Bawara Police Station Baldhar District Betia Bihar Presently R/o Keshav Kunj Bag P.S. Ranipur District Haridwar
Versus
.....Applicant.
State of Uttaranchal
......Opposite party.
_________________________________________________________ Arising out of case crime No. 158/2003 U/S 18/20 of N.D.P.C. Act P.S. Ranipur District Haridwar.
By the court
Hon’ble Irshad Hussain J.
Heard Sri Vivek Shukla learned counsel for the applicant and learned A.G.A. for the State.
It is a case of recovery of ‘Charas’. Attention has been drawn to the memo of recovery wherein it is clearly mentioned that there was prior information and despite this the search was effected and thereafter the applicant-accused was made aware of his right to be searched before a Magistrate or a gazetted Officer. It is submitted that section 50 of the N.D.P.S. Act was not complied. Considering this it is a fit case for bail. The bail application is allowed.
The applicant-accused Sanjay Patel shall be released in crime No. 158/2003 under sections 18/20 N.D.P.S. Act, P.S. Ranipur, District Haridwar on his executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M., Haridwar.
Dated: 16.12.2003 (Irshad Hussain, J.)I.S.B.