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2025 DAILYLAW 14389 (UTT)

SANWLI NATH v. STATE OF UTTARAKHAND

BA1/2528/2025 · 2025-12-31

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:11673 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2528/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Deepak Bhardwaj, learned Brief Holder for the State. 3. The present applicant – Sanwli Nath, W/o Alam Nath, is praying for regular bail in reference to FIR dated 19.11.2025, bearing FIR No. 0389 of 2025 registered at P.S. – Nehru Colony, District – Dehradun, wherein present applicant has been implicated for the offences punishable under Sections 8 /21 read with Section 27 (a) of the NDPS Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and at the time of search and seizure, there is no substantial compliance of the mandatory provisions of the NDPS Act. 5. Apart from this, he submits that applicant is languishing in jail since 19.11.2025 and she has no previous criminal history and she is married lady and contraband (smack) which is recovered from the present applicant is below commercial quantity i.e. 11.29 gram. 6. On the other side, State Counsel has not disputed that contraband (smack) which is recovered from the possession of the applicant is below commercial quantity. 7. After hearing the arguments of learned counsel for the parties and taking into consideration that contraband (smack) which is recovered from the possession of the applicant is below commercial quantity, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant - Sanwli Nath, W/o Alam Nath, be released on bail on his executing a personal bond and furnishing two reliable sureties 2025:UHC:11673 each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail, if the applicant is found indulged in future in any such similar activity the prosecution immediately take steps to cancel the bail. (Rakesh Thapliyal, J.) 31.12.2025 SKS