2025:UHC:1318 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/341/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant- Abhinav Varshney is in judicial custody in relation to FIR dated 02.02.2025 registered as FIR No. 0031 of 2025 at P.S. Banbhoolpura, District Nainital wherein the applicant has been implicated for the offence punishable under Section 8/22 of the NDPS Act. 4. Learned counsel for the applicant submits that the alleged contraband, which was shown to be recovered from the present applicant, is below the commercial quantity, and, furthermore he has no previous criminal history. He further submits that the applicant is running a food shop having valid license and the medicine which was shown to be recovered from the shop of the applicant are planted. 5. Apart from this, learned counsel for the applicant submits that there is no strict compliance of Sections 50, 52, 56 and 57 of the NDPS Act. He also submits that the applicant is languishing in jail since 02.02.2025. 6. On the other side, the learned State Counsel has disputed this fact that there is no compliance of the mandatory provisions of the NDPS Act, however, he has not disputed this fact that the applicant has no previous criminal history and alleged contraband which was shown to be recovered from the 2025:UHC:1318 present applicant is below the commercial quantity. 7. Having heard arguments of the learned counsel for the parties and further taking into consideration that the alleged contraband which was shown to be recovered from the applicant is below the commercial quantity, and the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 9. Let the applicant-Abhinav Varshney 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.) Parul 25.02.2025 2025:UHC:1318 2025:UHC:1318