Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4775 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No. 2302 of 2024 Hon’ble Alok Mahra, J.
Mr. Narender Singh, Advocate for the applicant.
Mr. Deepak Bisht, D.A.G. for the State of Uttarakhand.
2. This is first bail application moved by the applicant seeking regular bail arising out of F.I.R No. 216 of 2024 under Section 8, 22, 60 of NDPS Act, registered at Police Station Haldwani, District Nainital.
3.
Learned counsel for the applicant submits that applicant has falsely been implicated in the instant case; has no criminal history and is languishing in jail since 17.05.2024. He submits that the applicant and alleged recovery of the contraband substance/drugs from his possession is planted one; that applicant is 21 years of age and in case, he is detained for long, his entire career will be ruined; that the compliance of Section 42, 50, 52A, 55 and 57 of NDPS Act is not made out; that in case, applicant is granted bail, he will not misuse the same and furnish the bail security as per the satisfaction of the Court.
4. Per contra, learned State Counsel submits that the involvement of the accused is such a serious crime of chance recovery wherein commercial quantity of prohibited injections were recovered, and hence, the bar under section 37 of the NDPS act is attracted; that the applicant is directly involved in
2025:UHC:4775 the present case and there is compliance of procedure established by law in arresting the accused, and the present bail application is liable to be dismissed.
5. I have considered the submission advanced by the learned counsel for the parties.
6. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the applicant, at this stage.
7. Consequently, the first bail application is rejected.
(Alok Mahra, J.)
19.06.2025 Ujjwal