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2025 DAILYLAW 16789 (UTT)

AHSAN v. STATE OF UTTARAKHAND

BA1/2278/2025 · 2025-12-01

Rakesh Thapliyal

body2025

Judgment text

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 JUDGE’S ORDERS BA1 No. 2278 of 2025 Hon'ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Mohd. Matloob, learned counsel for the applicant. 2. Mr. Pratiroop Pandey, learned A.G.A. for the State. 3. Present applicant Ahsan, S/o Paravash is praying for bail in reference to FIR dated 11.11.2025, registered as FIR No. 1134 of 2024 at P.S. Laksar District Haridwar wherein the present applicant has been implicated for the offence punishable under Section 8/20 read with Section 60 of the NDPS Act. 4. It is argued by the learned counsel for the applicant that the alleged contraband which is shown to be recovered from the present applicant is 11.64 gram smack which is much below the commercial quantity, and, furthermore, there is no substantial compliance of mandatory provisions of the NDPS Act. He further submits that earlier the applicant has been implicated in the case of similar allegation, however, on completion of investigation final report has been filed and in the present case the applicant is languishing in jail since 11.11.2025. 5. On the other side, Mr. Pratiroop Pandey learned A.G.A. for the State has not disputed that the alleged contraband which is shown to be recovered from the applicant is much below the commercial quantity. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that the alleged contraband which is shown to be recovered is non-commercial and furthermore in earlier case final report has already been filed, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant Ahsan be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 01.12.2025 Parul