Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
BA1 No. 2177 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Amit Kapri, learned counsel for the applicant.
2. Mr. Pradeep Lohani, learned Brief Holder for the State.
3. Present applicants “Mahesh Tamta and Trilok Kumar both sons of Dinesh Tamta” are seeking regular bail in relation to FIR dated 29.10.2025 bearing FIR No. 0019 of 2025, Police Station – Thal, District – Pithoragarh, wherein both the applicants, who are real brothers, have been implicated for the offences punishable under Section 8/20 read with Section 60 of the NDPS Act.
4. Learned counsel for the applicants submits that both the applicants are real brother and are innocent and have been falsely implicated. He further submits that the alleged contraband, which is shown to be recovered jointly from the possession of the applicants, is charas and which is below commercial quantity i.e. 971 gram. He further submits that there is no substantial compliance of mandatory provisions of the NDPS Act and Section 105 BNSS, 2023, since at the time of recovery no videography was done.
5. Apart from this, he submits that applicants have no previous history.
6. On the other side, learned State Counsel submits that there is full compliance of mandatory provisions of the NDPS Act, however, he has not disputed that alleged contraband which is shown to be recovered from both the applicants is non commercial and both the applicants have no criminal history.
7. After hearing the arguments of learned counsel for the parties and further taking into consideration that alleged contraband, which is shown to be recovered from both the applicants is non commercial quantity and both applicants have no previous criminal history, this Court is of the view that the applicants deserve for bail.
8. Accordingly, without expressing any opinion on
the merit of the case the bail application is allowed.
9. Let the applicant “Mahesh Tamta and Trilok Kumar both sons of Dinesh Tamta” be released on bail on furnishing their personal bond and two sureties, by each of the applicant, each of the like amount to the satisfaction of the court concerned.
(Rakesh Thapliyal, J.) 18.11.2025 SKS