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2025 DAILYLAW 3883 (UTT)

MAHADEV DAS v. STATE OF UTTARAKHAND

BA1/428/2025 · 2025-06-13

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4938 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.428 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rishabh Bisht, learned counsel, holding brief of Mr. Vikas Kumar Guglani, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA for the State. 3. Present applicant–Mahadev Das S/o Shri Nandgopal Das is seeking regular bail in relation to first information report dated 23.02.2025 bearing FIR No. 0060 of 2025, Police Station Transit Camp, District Udham Singh Nagar, wherein the present applicant has been implicated for the offence punishable under Section 8/21 of the NDPS Act. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated. He submits that the alleged contraband, which was shown to be recovered from the present applicant, is 33.65 gram of Smack, which is much below the commercial quantity, and, furthermore, there is no substantial compliance of Sections 50 and 52 of the NDPS Act and the applicant has no previous criminal history. 5. On the other side, Mr. Siddhartha Bisht, learned AGA, has not disputed this fact that the alleged contraband-smack, which was shown to be recovered from the present applicant, is much below the commercial quantity and the applicant has no previous criminal history 6. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that 2025:UHC:4938 the alleged contraband-smack, which was shown to be recovered from the present applicant, is below the commercial quantity, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Mahadev Das, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 13.06.2025 R.Bisht 2025:UHC:4938