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2025 DAILYLAW 4095 (UTT)

WASEEM ALIAS WASEEM AHMAD v. STATE OF UTTARAKHAND

BA1/472/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1969 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. 472/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant- Waseem @ Waseem Ahmad, S/o Zinda Hasan is in judicial custody in relation to FIR dated 20.02.2025 registered as Case Crime No. 50 of 2025, P.S. Bhagwanpur District Haridwar 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 applicant is innocent and has been falsely implicated, and the alleged contraband which was shown to be recovered from the present applicant is 10 gm smack, which is below the commercial quantity. Apart from this, he submits that there is no proper compliance of Section 50 and 52A of the NDPS Act, and the applicant is languishing in jail since 21.02.2025 and has no previous criminal history. 5. Mr. V.S. Pal, learned A.G.A. has not disputed this fact 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. 6. After hearing the 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 2025:UHC:1969 the commercial quantity and 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 merits of the case, the bail application is allowed. 8. Let the applicant Waseem @ Waseem Ahmad 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 if the applicant is found to be indulged in any such activity in future then the prosecution is free to move bail cancellation application. (Rakesh Thapliyal, J.) 20.03.2025 Parul 2025:UHC:1969