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2025 DAILYLAW 4194 (UTT)

DHARMENDRA v. STATE OF UTTARAKHAND

BA1/468/2025 · 2025-03-20

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1971 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/468/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Present applicant- Dharmendra is in judicial custody in relation to FIR dated 04.03.2025 bearing Case Crime No. 110 of 2025 registered at P.S. SIDCUL District Haridwar wherein the present applicant has been implicated for the offences punishable under Section 8/21/60 of the NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated, and the alleged contraband which was shown to be recovered from the applicant is 52.98 gram smack, which is below the commercial quantity and there is no proper compliance of Section 42 and 53 of the NDPS Act. Apart from this, he submits that the applicant is not previously convict. 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. 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 the commercial quantity, 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 2025:UHC:1971 bail application is allowed. 8. Let the applicant Dharmendra 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:1971