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2025 DAILYLAW 2839 (UTT)

SUBHAN v. STATE OF UTTARAKHAND

BA1/311/2025 · 2025-02-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1223 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. 311 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Parikshit Saini, learned counsel for the applicant. 2. Mrs. Rangoli Purohit, learned Brief Holder for the State. 3. The present applicant “Subhan” is seeking bail in relation to case crime no. 552 of 2024, wherein, the present applicant has been implicated for the offence punishable under Section 8/29 of NDPS Act, P.S. Manglaur, District Haridwar. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and there is no any recovery of the contraband from the possession of the applicant and whatever recovery has been shown this is from the possession of the co-accused, who have already been enlarged on bail by the Special Judge, NDPS, Roorkee. 5. Apart from this, learned counsel for the applicant submits that in the rejection order there is the reference of in total 29 cases and in most of the cases he has been acquitted and in some of the cases he has been granted bail. 6. He submits that in respect of the cases as shown from serial no. 1 to 13 the applicant has been acquitted. The case mentioned at serial number 14 on compounding application the proceedings has been quashed. In relation to case no. 15 and 16 applicant has been acquitted. In reference to case mentioned at serial no. 17 the applicant is on bail. In respect of case mentioned at serial no. 18 the applicant has been acquitted. In respect of case mentioned at serial no. 19 and 20 one of which pertains to NDPS Act the trial is going on. In respect of serial no. 21 and 22 the applicant has already been acquitted. In reference to the case mentioned at serial no. 23 the proceedings has been quashed. In reference to case no. 24 the applicant has been bailed out. In respect 2025:UHC:1223 of case mentioned at serial no. 25 he has been acquitted and the case mentioned at serial no. 26 the trial is going on. In respect of case mentioned at serial no. 27, which also pertains to NDPS Act the Coordinate Bench already granted bail. Case mentioned at serial no. 28 is the present case. In respect of case mentioned at serial no. 29, which also pertains to NDPS Act the applicant is bailed out. 7. Apart from this, it is submitted that even the contraband, which has been alleged to be recovered from the co-accused was much below the commercial quantity. 8. Mrs. Rangoli Purohit, learned Brief Holder for the State vehemently opposed the bail application that though in most of the cases the applicant has been exonerated even then the applicant is habitual offender, therefore she should not be release on bail 9. After hearing the arguments of the learned counsel for the parties wherein there is reference of other cases as well as the order passed by the Coordinate Bench in case crime no. 204 of 2024, which also pertains to the NDPS in which the applicant was enlarged on bail but after taking into consideration the long history of the applicant and most of the cases pertains to NDPS Act it appears that the applicant is the habitual offender. 10. Therefore, I do not find any merit in the bail application. 11. Accordingly, without expressing any opinion on the merit of the case the instant bail application is dismissed . (Rakesh Thapliyal, J.) 20.02.2025 PR 2025:UHC:1223