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2025 DAILYLAW 1606 (UTT)

TAMREJ AEHMAD v. STATE OF UTTARAKHAND

BA1/128/2025 · 2025-03-21

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2014 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/128/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Faizan Ali, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant is in judicial custody since 29.11.2024 in relation to Case Crime No. 863 of 2024 registered on the basis of FIR dated 29.11.2024 at Police Station – Bhagwanpur, District – Haridwar wherein present applicant has been implicated for the offences punishable under Sections 8 / 21 of the NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. Learned counsel for the applicant further submits that alleged contraband, which is shown to be recovered from the present applicant, is below commercial quantity and there is no proper compliance of mandatory provisions of the NDPS Act like Section 50, 52A, 55 and 57 of the NDPS Act. 5. Per contra, learned AGA for the State has vehemently opposed the bail application and submits that applicant has already been convicted for the offences of the same nature. 6. After hearing learned counsel for the parties and further taking into consideration the fact that applicant has already been convicted for the offence of same nature, this Court is of the view that applicant does not deserves for bail. 7. Accordingly, bail application is rejected. (Rakesh Thapliyal, J.) 21.03.2025 SKS 2025:UHC:2014