Bail granted under Bharatiya Nagarik Suraksha Sanhita, 2023, highlighting procedural errors in arrest and documentation.
In a significant ruling, the Uttarakhand High Court has granted bail to Mursaleen, accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing procedural irregularities in his arrest and documentation. The court's decision, delivered by Justice Ashish Naithani, found that the arrest memo and inventory report, which were crucial to the case, were prepared before the formal registration of the FIR and suspiciously included the FIR number, raising doubts about their authenticity.
The case, registered as Crime/FIR No. 274 of 2025 at Police Station Bahadrabad, District Haridwar, involved the alleged seizure of 1.042 kilograms of smack from Mursaleen. The prosecution claimed that the arrest was made during a routine police check, during which Mursaleen purportedly confessed to carrying contraband. However, the defense argued that the contraband was not found at the alleged site but was instead taken from a different location, pointing to possible fabrication of evidence.
Central to the court's decision was the defense's argument that procedural lapses, such as the ante-timed arrest memo and inventory report, undermined the procedural sanctity required under the NDPS Act. The court observed that these documents were prepared with FIR numbers before the FIR was officially lodged, suggesting manipulation of official records.
The State opposed the bail application, maintaining that the arrest and seizure were legitimate and that Mursaleen had a history of criminal activities. Nevertheless, the court found the procedural errors significant enough to grant bail, emphasizing that such lapses rendered the search and seizure process inherently suspicious.
The court directed Mursaleen to be released on bail upon furnishing a personal bond with two reliable sureties. It also mandated that Mursaleen cooperate with the ongoing trial proceedings and refrain from misusing the liberty granted to him.
This judgment underscores the importance of adherence to procedural protocols in criminal cases, particularly under stringent laws like the NDPS Act, and highlights the judiciary's role in safeguarding individual rights against procedural violations.
Bottom line:-
Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in an NDPS Act case due to procedural lapses in documentation, including ante-timed arrest memo and inventory report undermining procedural sanctity.
Statutory provision(s): Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Mursaleen v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2901056
