ANKUSH vs STATE OF UTTARAKHAND

UKHC010118732026

2026:UHC:9925
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

BA1/1197/2026


Ankush
--Applicant

Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. Gaurav Singh, learned counsel
for the applicant through Video
Conferencing.
2. Mr. Akshay Latwal and Mr.
Prabhat Kandpal, learned Deputy A.G.
and Mr. Manoj Bhatt, learned Brief
Holder for the State.
3. Applicant- Ankush, who is in
judicial custody in connection with
FIR/Case Crime No. 131 of 2026 under
Sections 8/21 of the Narcotic Drugs
and Psychotropic Substances Act,
1985, registered at Police Station
Kaliyar, District Haridwar, has sought
his release on bail.
4. Heard learned counsel for the
parties and perused the material
available on record.
5. Learned counsel for the applicant
would submit that, as per the
prosecution case, the police party,
during routine checking, apprehended
the present applicant and allegedly
recovered 18.50 grams of smack from
the polythene which was carrying by
the applicant; that, on the basis of the

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2026:UHC:9925
alleged recovery, the present F.I.R. was
lodged against the applicant.
6. Learned counsel for the applicant
would further submit that the applicant
is innocent and has falsely been
implicated in the present case; that, no
independent public witness was
associated with the alleged recovery;
that, the mandatory provisions of
Section 50 of the N.D.P.S. Act have not
been duly complied with. In this regard,
he would contend that the applicant
was first searched by the police officials
and was thereafter asked whether he
wished to be searched before a
Gazetted Officer or a Magistrate, which
he declined. It is, therefore, contended
that the procedure adopted by the
police raises questions regarding
compliance with the statutory
safeguards prescribed under the
aforesaid provision.
7. Learned counsel would further
submit that the statutory requirements
governing search, seizure and arrest
under Sections 42, 43 and 50 of the
N.D.P.S. Act have not been complied
with in accordance with law. He would
also submit that the alleged quantity of
contraband recovered from the
applicant is less than the commercial
quantity; that, the applicant is in
judicial custody since 21.06.2026; that,
he has no previous criminal history
under the N.D.P.S. Act; and that the
trial is not likely to conclude in the
near future; that, on these grounds,
learned counsel submits that the
applicant deserves to be enlarged on
bail.

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8. Per contra, learned State counsel
would vehemently oppose the prayer for
bail, contending that the alleged
recovery was effected pursuant to a
chance recovery and that the relevant
provisions of the N.D.P.S. Act have
been duly complied with. However,
learned State counsel does not dispute
that the applicant has been in judicial
custody since 21.06.2026 and has no
previous criminal history under the
N.D.P.S. Act.
9. Having heard learned counsel for
the parties and upon perusal of the
material available on record, this Court
has considered the nature of the
allegations, the quantity of the alleged
contraband, the circumstances
surrounding the alleged recovery, the
period of incarceration undergone by
the applicant, and the fact that he has
no previous criminal history under the
N.D.P.S. Act. The submissions
regarding compliance with the statutory
provisions governing search and seizure
shall be examined at the appropriate
stage of the proceedings. Having regard
to the facts and circumstances of the
case, this Court is of the view that the
applicant has made out a case for grant
of bail.
10. Accordingly, the bail application is
allowed on the following conditions:-
(a) The applicant shall execute a
personal bond and furnish two
reliable sureties in the like amount to
the satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of
the court.

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(c) The applicant shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.
(e) The applicant shall surrender his
passport, if any, to the court or to the
investigating agency, to preclude risk
of absconding.

11. The bail granted to the applicant
shall be liable to be cancelled in the
event of any violation of the aforesaid
conditions or if the applicant is found
to have misused the liberty granted to
him.



(Alok Mahra J.)
30.10.2026

Mamta
MA
MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46
f244f3e584af1449e430ef90
0bf09a6d67ebbd64267132
9b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
d9cabfd54852c9e68911ca8
b66dd26690a191648ab5d8
dd004ef0, cn=MAMTA RANI
Date: 2026.11.03 10:12:45
+05'30'