2025:UHC:1370 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/350/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Azmeen Sheikh, learned counsel for the applicant. 2. Mr. V.S. Rawat, learned Assistant Government Advocate with Mr. Pankaj Joshi, learned Brief Holder for the State. 3. Present applicant is in judicial custody in relation to FIR dated 25.10.2024 bearing FIR No. 0113 of 2024, registered at Police Station – Banbasa, District Champawat, wherein present applicant has been implicated for the offences punishable under Section 8 / 21 of the NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and have been falsely implicated. He further submits that he has disclosed the fact that applicant has previous criminal history and applicant was on bail in all these cases. Apart from this, he submits that applicant is aged about 22 years. 5. Learned counsel for the applicant submits that the quantity of contraband (smack), as shown to be recovered from the present applicant is 20.47 grams, which is below commercial quantity and there is no independent witness of the recovery. 6. Per contra, learned State Counsel, on the basis of written instructions, that the applicant has a criminal history and submits that in FIR No. 66 of 2021 for the offences punishable under Section 380, 411, 34 IPC read with Section 11 of the Prevention of Cruelty to Animal Act, applicant has been convicted and sentenced to undergo one year simple imprisonment with fine. He further submits that there are three more cases registered against the present applicant i.e. FIR No. 80 of 2022 for the offences punishable under Section 8/21 of the NDPS Act, FIR No. 04 of 2023 for the offences punishable under Section 8 / 21 of the NDPS Act and FIR No. 09 of 2023 under Section 2 / 3 of the Gangster Act, in which the applicant is on bail. 2025:UHC:1370 7. After hearing learned counsel for the parties and further taking into consideration the fact that contraband recovered from the applicant is below commercial quantity and in other case, he is on bail, this Court is of the view that applicant deserves for bail by putting some stringent condition. Accordingly, without expressing any opinion on the merit of the case, bail application is allowed. 8. Let the applicant Aman Qureshi 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. 9. It is made clear that applicant after being release on bail shall report to the nearest police station – Banbasa in every 15 days and the SHO concerned shall record his presence in order to ascertain whether applicant is indulged in any other similar activity or not. If applicant is found to be indulged in any such activity, the prosecution is free to move bail cancellation application without any delay. (Rakesh Thapliyal, J.) 27.02.2025 SKS 2025:UHC:1370