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2025 DAILYLAW 3336 (UTT)

FIROZ ALI v. STATE OF UTTARAKHAND

BA1/376/2025 · 2025-03-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1857 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/376/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Karan Singh Dugtal, learned counsel for the applicant. 2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant-Firoz Ali is in judicial custody in relation to FIR dated 19.12.2024 bearing FIR No. 0433 of 2024 registered at P.S. Haldwani District Nainital wherein the present applicant has been implicated for the offence punishable under Section 8/22/60 of the NDPS Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and the alleged prohibited drugs which was shown to be recovered from the applicant is below the commercial quantity, and, furthermore, there is no proper compliance of Section 42 and 50 of the NDPS Act. He further submits that the applicant has no previous criminal history. 5. On the other side, learned counsel for the State has not disputed this fact that the alleged prohibited drugs which was shown to be recovered from the present applicant is below the commercial quantity. He also fairly submits that the applicant has no previous criminal history. 6. After hearing the arguments of the learned counsel for the parties, and further taking into consideration that the alleged prohibited drugs which was shown to be recovered from the present 2025:UHC:1857 applicant is below the commercial quantity, and applicant has no criminal history and he is languishing in jail since 19.12.2024, 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 Firoz Ali 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. 9. It is made clear that in future if the applicant found to be indulged in any such activity, the prosecution is free to move bail cancellation application. (Rakesh Thapliyal, J.) 18.03.2025 Parul 2025:UHC:1857