2025:UHC:3517 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/759/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. D.P. Mittal, learned counsel for the applicant. 2. Ms. Pushpa Bhatt, learned Dy. A.G. for the State. 3. The present applicant Buta Singh is languishing in jail since 06.04.2025 in relation to FIR dated 06.04.2025 bearing FIR No. 0077 of 2025 registered at P.S. Nankmatta, District U.S.Nagar 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 (smack) which is shown to be recovered from the applicant is only 76.5 gm which is much below the commercial quantity. He further submits that there is no proper compliance of mandatory provisions of NDPS Act particularly Sections 40, 43 and 45. He further submits that the recovery as shown from the applicant is false and planted by the police and the incident, as alleged, was happened on public place but no public witness of the alleged recovery is shown by the prosecution. 5. In para 15 it is contended that the applicant never been previously convicted in any of the criminal proceeding. 6. On the other hand, Ms. Pushpa Bhatt, learned Dy. A.G. seriously opposed the bail application by submitting that present applicant is habitual offender and in as many as in 7 2025:UHC:3517 cases he was implicated and two of them relates to the NDPS Act and one of them relates to gambling as well as dacoity. 7. In response to this, learned counsel for the applicant submits that the applicant already acquitted in five cases, however, he is facing trial in respect of the offences relating to the NDPS Act. 8. After hearing the arguments of the learned counsel for the parties and further taking into consideration the long criminal history of the applicant, and furthermore, the fact that the applicant is facing trial in respect of two cases which relates to the NDPS Act, this Court is of the view that it is not a fit case for bail. 9. Accordingly, bail application is rejected. 2. (Rakesh Thapliyal, J.) 06.05.2025 Parul 2025:UHC:3517