Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4142 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/413/2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Gaurav Singh, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. Present applicant Subhan, S/o Abdar Hussain is praying for regular bail in relation to FIR dated 23.02.2025 registered as FIR No. 0129 of 2025 at P.S. Kotwali Haridwar District Haridwar wherein the present applicant has been implicated along with one Ikhlakh for the offence punishable under Section 8/21 of the NDPS Act.
5.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and the alleged contraband, i.e, smack which is shown to be recovered from the possession of the applicant is below the commercial quantity. Apart from this, he submits that there is no proper compliance of mandatory provisions of the NDPS Act, and, the applicant has no previous criminal history.
6. A counter affidavit has been filed and on perusal of counter affidavit it reveals that there is no dispute in respect of the quantity of the alleged recovered contraband and in para 8 of the counter affidavit this fact has not been disputed that the applicant has no previous criminal history.
7. After hearing the arguments of the
learned counsel for the parties and further taking into consideration that the alleged contraband which is shown to be recovered from the possession of the applicant is below the commercial
2025:UHC:4142 quantity and further 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 merit of the case the bail application is allowed.
9. Let the applicant Subhan 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.)
19.05.2025 Parul
2025:UHC:4142