SUNDER SINGH BISHT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-36
HIGH COURT OF UTTARAKHAND
Decided on April 11,2013

Sunder Singh Bisht Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) MR . Hari Om Bhakuni, learned Brief Holder has handed over photocopies of the malkhana register as well as G.D. pertaining to Rapat Nos. 22, 24, 44 and 12 which are taken on record. He further submits that the documents, today handed over to the Court, were supplied by Sub -Inspector Bhoopal Ram. By way of present application applicant is seeking regular bail in Case Crime/F.I.R. No. 18 of 2013, Under Section 18/20 N.D.P.S. Act, P.S. Banbasa, District Champawat.
(2.) MR . A.K. San, learned counsel appearing for the applicant submits that applicant has been falsely implicated in the present case. Perusal of the malkhana entries, so produced today in the Court, does not contain at what time contraband so recovered from the possession of the applicant was deposited in the malkhana on 29.09.2012. Entries of the malkhana register does not show that sample seal of the Arresting Officer was also deposited in the malkhana on 29.09.2012. Further malkhana register does not show at what time contraband and sample seal was taken out from the malkhana to be produced before the court along with the accused while seeking remand. On the malkhana register entries are' pertaining to the departure of Constable Rajesh Kumar for seeking remand of the accused. It is surprising as to how entries may be made in the malkhana register about the departure of the Constable Rajesh Kumar for seeking remand.
(3.) MR . Hari Om Bhakuni, learned Brief Holder for the State submits that Rapat No. 22 dated 30.09.2012 reveals that constable Rajesh Kumar left the Thana along with contraband and accused, to seek remand.;


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