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2025 DAILYLAW 7142 (UTT)

RAJAT BABBAR v. STATE OF UTTARAKHAND

BA1/913/2025 · 2025-06-04

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4548 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/913/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Neeti Rana, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. Present applicant–Rajat Babbar S/o Shri Vinod Babbar, is seeking bail in relation to first information report dated 20.05.2025 bearing FIR No.0253 of 2025, Police Station Kotwali Jwalapur, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Section 8/22 of the N.D.P.S. Act, 1985. 4. Learned counsel for the applicant submits that the alleged recovery of the Leegesic Injection as shown to be recovered from the present applicant is about 10 ml, which is a non commercial one. 5. He further submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that there is no substantial compliance of Section 42 and Section 50 of the NDPS Act, and, furthermore, he submits that the applicant has no previous criminal history. Apart from this, he submits that, in fact, the applicant’s sister is the licensee to sell, stock or exhibit (or offer) for sale or distribute the category of drug as specified in Schedule C, C(1) and X of the Drugs and Cosmetics Rules, 1945 and there may be a possibility that only because of the reason that the applicant’s 2025:UHC:4548 sister is a license holder of selling the drugs as specified under the Act the applicant has been implicated. 6. On the other side, learned State counsel has not disputed this fact that the alleged recovered quantity is non commercial quantity. So far as the compliance of the mandatory provision of the NDPS Act is concerned, the learned AGA submits that the compliance of the mandatory provision of the Act was properly done. 7. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the alleged recovered injection is a non commercial quantity, and, furthermore, the applicant has no previous criminal history, this Court is of the view that the applicant deserves to be enlarged on bail. 8. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 9. Let the applicant, namely, Rajat Babbar, 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.) 04.06.2025 R.Bisht 2025:UHC:4548