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CDJ 2026 Utt HC 057 print Preview print Next print
Court : High Court of Uttarakhand
Case No : Criminal Appeal No. 753 of 2025 With IA No.1 of 2025 For Bail Application
Judges: THE HONOURABLE MR. JUSTICE RAVINDRA MAITHANI & THE HONOURABLE MR. JUSTICE SIDDHARTHA SAH
Parties : Wasim Versus State of Uttarakhand
Appearing Advocates : For the Appellant: M.K. Ray, Harsh Taneja, Advocates. For the Respondent: V.S. Rawat, A.G.A.
Date of Judgment : 15-06-2026
Head Note :-
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8/20 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Narcotic Drugs and Psychotropic Substances Act, 1985

2. Catch Words:
- Bail
- Suspension of sentence
- Appeal
- NDPS Act

3. Summary:
The appeal challenges the conviction and 8‑year sentence under the NDPS Act passed by the Special Sessions Judge, Nainital. The appellant’s counsel highlighted that a co‑convict with a similar role had already been granted bail in a related criminal appeal, a fact admitted by the State. After reviewing the record, the court deemed that the execution of the sentence should be stayed pending the appeal. Consequently, the bail application was allowed, and the appellant was ordered to be released on bail. The court directed the appellant to execute a personal bond and provide two reliable sureties of equal amount. The sentence under appeal is suspended during the pendency of the appeal. The matter was listed for final hearing along with another case.

4. Conclusion:
Petition Allowed
Judgment :-

Ravindra Maithani, J.

(Oral)

1. The instant appeal has been preferred against judgment and order dated 28.10.2025, passed in Special Sessions Trial No.07 of 2018, State Vs. Wasim S/o Nafees, by the court of First Additional District and Sessions Judge, Special Judge (NDPS Act), District Nainital. By it, the appellant has been convicted and sentenced 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard.

3. Admit.

4. Let call for the lower court record.

5. Once lower court record is received, paper book be prepared and provided to learned counsel for the parties, as per Rules.

6. List this matter for final hearing along with CRLA No.749 of 2025.

7. Heard on Bail Application (IA) No.1 of 2025.

8. Learned counsel for the appellant submits that co- convict, having similar role, has already been granted bail in the connected Criminal Appeal.

9. This fact is admitted by learned State Counsel.

10. Having considered the entirety of facts, this Court is of the view that it is a case in which the execution of sentence should be suspended and the appellant be enlarged on bail.

11. The bail application is allowed.

12. The sentence appealed against is suspended during the pendency of the appeal.

13. Let the appellant be released on bail during the pendency of the appeal on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
 
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