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2025 DAILYLAW 4191 (UTT)

ULFAT ALI v. STATE OF UTTARAKHAND

BA1/467/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1972 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/467/2025 Hon'ble Rakesh Thapliyal, J. 1. Ms. Shehna Hussain, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant- Ulfat Ali is in judicial custody in relation to FIR dated 31.01.2025 registered as FIR No. 0030 of 2025 at P.S. Haldwani District Nainital wherein the present applicant has been implicated for the offence punishable under Section 8/22 of the NDPA Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, and the alleged prohibited drug which was shown to be recovered from the applicant is below the commercial quantity and there is no proper compliance of Section 42 and 50 of the NDPS Act. Apart from this, she submits that the applicant has no previous criminal history 5. Mr. V.S. Pal, learned A.G.A., on written instructions, informed this Court that the applicant has no previous criminal history and the alleged prohibited drug which was shown to be recovered from the applicant is below the commercial quantity. 6. After hearing the arguments of the learned counsel for the parties, and further taking into consideration that the alleged prohibited contraband which was shown to be recovered from the applicant is below the commercial quantity, and the applicant has no previous criminal history, this Court is of the view that the applicant deserves for 2025:UHC:1972 bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant Ulfat 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 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:1972