Uttarakhand High Court
SPLA/275/2025 of STATE OF UTTARAKHAND Vs ROYER NICOLE on 22 December 2025
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPLA No. 275 of 2025 With IA NO. 1 of 2025 (Delay Condonation Application) In G.A. No.89 of 2025 With WPCRL No. 1258 of 2025 Hon’ble Ravindra
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
SPLA No. 275 of 2025 With IA NO. 1 of 2025 (Delay Condonation Application) In G.A. No.89 of 2025 With WPCRL No. 1258 of 2025 Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J.
Ms. Manisha Rana Singh, learned Deputy Advocate General for the State/appellant.
2. Mr. Naresh Pant along with Mr. Raunak Pant, learned counsel for respondent no.1.
3. Mr. D.K. Sharma, learned Senior Counsel assisted by Mr. Manish Bisht, learned counsel for respondent no.2.
4. The State/appellant proposes to challenge the judgment and order dated 30.08.2025 passed by learned Special Sessions Judge, District Bageshwar in Special Session Trial No.19 of 2022, by which the respondent no.1-Royer Nicole has been acquitted of the charge under Section 8/20(b)(ii)(C) respondent no.2-Roshan Lal has been acquitted of the charge under Section 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act).
5. The appeal is delayed by 4 days. A delay condonation application supported by affidavit has been filed stating therein that after receipt of the judgment, the matter was processed and in that process, the delay occurred.
6. Having heard learned counsel for the parties and considering the grounds stated in the delay condonation application, we are of the considered opinion that there are good grounds to condone the delay. Accordingly, the application for condonation of delay is allowed. The delay of 4 days in filing the appeal is hereby condoned.
7. Leave is granted.
8. Admit.
9. In this matter, paper-book has already been prepared and on 17.12.2025, this Court had directed that the appeal shall be finally decided at the earliest.
10. In the instant case, according to the prosecution, on 18.02.2022 the police received information, pursuant to which the police party allegedly left the Police Station in the official vehicle bearing registration No. UK-07 GA-2201. However, the impugned judgment itself records that on the said date the said vehicle did not run at all. The logbook contains no entry showing movement of the vehicle and, further, there is no General Diary entry evidencing that the official vehicle had departed from the S.O.G. Office, Bageshwar.
11. This Court, taking into consideration the health condition of the appellant, has already observed that the present appeal shall be heard at the earliest.
12. List for final hearing at 02:15 P.M.
13. Learned State Counsel shall also address the Court as to how, in the aforesaid circumstances, the prosecution case cannot be said to have been demolished, when the very vehicle by which the police party allegedly proceeded to the place of occurrence is shown, on record, not to have moved at all.
(Alok Mahra, J.) (Ravindra Maithani J.) 22.12.2025
22.12.2025 Mamta