HARPREET SINGH vs STATE OF UTTARAKHAND

UKHC010107832026


Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date

No.

COURT’S OR JUDGE’S ORDERS



BA1/1078/2026


Harpreet Singh
--Applicant
Versus
State Of Uttarakhand
--Respondent
With

BA1/1241/2026

Gurdayal Singh and Another
--Applicants
Versus
State Of Uttarakhand
--Respondent

Hon’ble Alok Mahra, J.
Mr. S.R.S. Gill and Mr. Milind Raj,
learned counsel in BA1 No.1078 of
2026 and Mr. Piyush Sammal and
Sarita Bisht, learned counsel in BA1
No.1241 of 2026 for the applicants.
2. Mr. Deepak Bisht, learned Deputy
A.G. along with Mr. Chitrarth Kandpal,
Brief Holder for the State.
3. Since both the bail applications
arise out of the same F.I.R. and the
applicants are accused of the same
offences, both applications are being
heard and decided together.
4. Applicants Harpeet Singh,
Gurdayal Singh and Hardayal Singh,
who are in judicial custody in

UKHC010107832026


connection with F.I.R./Case Crime No.
12 of 2026, registered under Sections
8/20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, at
Police Station Bhatrauchkhan, District
Almora, have sought their release on
bail.
5. Heard learned counsel for the
parties and perused the material
available on record.
6. Learned counsel for the applicants
would submit that, as per the
prosecution case, during routine
checking, the police intercepted a
Maruti Swift Dzire car in which four
persons, including the present
applicants, were travelling and upon
search, two bags containing 12.500
kilograms and 15.500 kilograms of
suspecting ganja, respectively, totalling
28 kilograms, were recovered from the
dickey of the car. It is alleged that the
contraband was being transported
jointly by the applicants.
7. Learned counsel for the applicants
would submit that the applicants are
innocent and have been falsely
implicated in the present case. He
would further submit that no
contraband was recovered from the
personal possession of the applicants
and that the alleged recovery was
effected from two bags found in the
dickey of a vehicle occupied by four
persons; that, the question of conscious

UKHC010107832026


possession and the applicants'
connection with the alleged
contraband, according to learned
counsel, is a matter of trial and
remains to be established by cogent
evidence.
8. Learned counsel for the applicants
would further submit that, as per
Section 2(iii)(b) of the N.D.P.S. Act,
ganja means the flowering or fruiting
tops of the cannabis plant, excluding
the seeds and leaves when not
accompanied by the tops, by whatever
name they may be called or designated.
He would submit that the commercial
quantity of ganja prescribed under the
said Act is 20 kilograms, whereas, in
the present case, the alleged recovery of
28 kilograms of ganja is stated to have
been made jointly from two bags found
in the dickey of the car.
9. Learned counsel for the applicants
would further submit that the
applicants have been implicated merely
on account of their alleged presence in
the vehicle and that the prosecution
has not established their conscious
possession of the alleged contraband.
He would also submit that no
independent witness was associated
with the alleged recovery. Further, the
recovery memo and arrest memo are
stated to have been prepared at the
spot at 14:10 hours, whereas the F.I.R.
was registered at 19:43 hours, however,

UKHC010107832026


both documents bear the F.I.R.
number, which, according to learned
counsel, creates doubt regarding the
prosecution case.
10. Learned counsel for the applicants
would further submit that the
mandatory provisions of the N.D.P.S.
Act have not been complied with; that
the applicants are in judicial custody
since 06.06.2026; that, they have no
previous criminal history; and that the
trial is not likely to conclude in the
near future. He, therefore, submits that
the applicants deserve to be enlarged
on bail.
11. Per contra, learned State counsel
would vehemently oppose the prayer for
bail, however, he does not dispute that
the applicants are in judicial custody
since 06.06.2026 and have no previous
criminal history under the N.D.P.S. Act.
L earned State counsel, on instructions,
fairly concedes that no corresponding
G.D. entry is presently available on
record to explain the mention of the
F.I.R. number in the documents which,
according to the prosecution, were
prepared prior to the registration of the
F.I.R.
12. Having considered the
submissions advanced by learned
counsel for the parties, the nature of
the allegations, the circumstances
surrounding the alleged recovery, the
contentions regarding conscious
possession, and the period of

UKHC010107832026


incarceration undergone by them, this
Court is of the view that the applicants
have made out a case for bail.
13. Accordingly, without expressing
any opinion on the merits of the case,
both the bail applications are allowed
on the following conditions:-
(a) The applicants shall execute a
personal bond and furnish two
reliable sureties in the like amount to
the satisfaction of the trial court.
(b) The applicants shall not leave the
country without prior permission of
the court.
(c) The applicants shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicants shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.
(e) The applicants shall surrender
their passport, if any, to the court or
to the investigating agency, to
preclude risk of absconding.

14. The bail granted to the applicants
shall be liable to be cancelled in the
event of any violation of the aforesaid
conditions or if the applicants are
found to have misused the liberty
granted to them.


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=6a812005bebfcf46f2
44f3e584af1449e430ef900bf0
9a6d67ebbd642671329b,
postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d
9cabfd54852c9e68911ca8b6
6dd26690a191648ab5d8dd0
04ef0, cn=MAMTA RANI
Date: 2026.10.27 11:50:37
+05'30'

(Alok Mahra J.)
26.10.2026
Mamta