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. 162 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurabh Pandey and Ms. Sheetal Selwal, learned counsel for the applicant.
2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant is in judicial custody since 09.01.2025 in relation to FIR dated 09.01.2025 bearing FIR No. 0008 of 2025, registered at Police Station – Nanakmatta, District – Udham Singh Nagar, wherein present applicant has been implicated for the offences punishable under Section 8/ 20 read with Section 60 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 (charas), which was shown to be recovered from the applicant, is below commercial quantity and there is no compliance of Section 50 of the NDPS Act and applicant has no previous criminal history.
5. Learned AGA for the State has not disputed this fact that the contraband which was shown to be recovered from the applicant is below commercial quantity and has no previous criminal history.
6. After hearing learned counsel for the parties and further taking into consideration the fact that contraband shown to be recovered from the applicant is below commercial quantity and applicant has no previous criminal history, this Court is of the view that applicant deserves for bail. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed.
7. Let the applicant “Har Singh Farswan” be released on bail, on his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.
8. It is made clear that if the applicant after being released is found to be indulged in any such activity, the prosecution is free to move bail cancellation application without any delay.
(Rakesh Thapliyal, J.) 20.03.2025 SKS