Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5007 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. 527 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Vikas Kumar Guglani, learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned AGA for the State.
3. Present applicant–Firoj Shah S/o Shri Maksood is seeking regular bail in relation to first information report dated 18.03.2025 bearing FIR No. 0038 of 2025, Police Station Kailakhera, District Udham Singh Nagar, wherein the present applicant has been implicated for the offences punishable under Section 8/21 read with Section 60 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 25.05 gram of Smack, which is a non-commercial quantity, and, furthermore, there is no substantial compliance of Sections 50, 52 and 42(2) of the NDPS Act. He also submits that the applicant has no previous criminal history and is languishing in jail since 18.03.2025.
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 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:5007 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, Firoj Shah, 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.) 17.06.2025 R.Bisht
2025:UHC:5007