2025:UHC:5607 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/573/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. M.S. Pal, learned Sr. Advocate assisted by Ms. Amreen Bano, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned AGA with Mr. Himanshu Sain, learned Brief Holder the State. 3. Present applicant ‘Naveen Belwal, son of Shri Gopal Dutt,’ is praying for regular bail in relation to First Information Report dated 04.05.2024 bearing FIR No. 0014 of 2024, Police Station – Salt, District – Almora, wherein present applicant has been implicated for the offences punishable under Section 8/20 of the NDPS Act. 4. Learned counsel for the applicant submits that present applicant is innocent and has falsely been implicated in the present case and the contraband Ganja, which is shown to be recovered from the present applicant is above commercial quantity i.e. 61.02 kg from 4 bags, therefore, Section 37 of the NDPS Act will come in his way. He further submits that as per prosecution, the alleged contraband was recovered from 4 bags but the contraband, which was recovered from the 4 bags was not measured separately. He further submits that contraband was recovered from a private vehicle of the applicant and there is no substantial compliance of Section 42 of the NDPS Act and this aspect cannot be over looked. He further submits that since the contraband was recovered from the possession of the applicant and there is no compliance of Section 50 and 52 of the NDPS Act, therefore, there is reasonable grounds that applicant is not guilty of the alleged offence. 5. Apart from this, he submits that applicant has no previous criminal history, therefore, if applicant is bailed out, then, after being released on bail, there is no chance of involvement of the applicant in such activity in future. He further submits that applicant is languishing in jail since 04.05.2024 and since the chargesheet has already been filed therefore, there is no need of custodial interrogation. 6. On the other hand, learned AGA for the State submits that in terms of Section 37 of the NDPS Act, the applicant does not deserves for bail, as the contraband, which is recovered from the applicant, is 2025:UHC:5607 above commercial quantity and Section 42 of the NDPS Act, would not be applicable in the present case. However, he has not disputed this fact that applicant has no previous criminal history. He fairly submits that since the chargesheet has already been filed, therefore, there is no need of custodial interrogation. 7. After hearing the learned counsel for the parties, and further taking into consideration that in view of the above discussion as above since, twin condition of Section 37 of the NDPS Act are complied with and furthermore, the applicant is languishing in jail for more than one year and applicant has no previous criminal history and since the charge-sheet has already been filed therefore, there is no need of custodial interrogation, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant ‘Naveen Belwal, son of Shri Gopal Dutt,’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail, the applicant will attend trial on each and every date fixed before the trial court and will not take any unnecessary adjournment. If applicant fails to comply with the aforesaid condition, the prosecution is free to move an application for cancellation of bail. It is further made clear that the trial court may proceed with the trial without being influenced with the observations as made above. (Rakesh Thapliyal, J.) 02.07.2025. SKS