Ravindra Maithani, J.

(Oral):

1. The instant appeal has been preferred against judgment and order dated 10/11.09.2025, passed in Special Sessions Trial No.83 of 2021, State Vs. Sumit, by the court of I Additional District and Sessions Judge/Special Judge (NDPS Act), Nainital. By it, the appellant has been convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced accordingly.

2. Heard.

3. This appeal has already been admitted.

4. The LCR has already been received.

5. List in due course for final hearing.

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

7. According to the prosecution case, on 25.02.2021, charas was recovered from the possession of the appellant.

8. Learned counsel for the appellant submits that the entire prosecution case is false; according to the police, the arrest memo and sample seal were prepared at the spot, but he submits that the sample seal bears the FIR number, which was lodged much after the alleged recovery.

9. These facts are not disputed by learned State Counsel.

10. The Court wanted to know as to how, at police station, the FIR number could be recorded, and who recorded it? Is there any document supporting to it? The answer is in negative.

11. Having considered this and other attending factors, we are of the view that it is a case in which the execution of sentence should be suspended and the appellant be enlarged on bail.

12. The bail application is allowed.

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

14. 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.