2025:UHC:9207 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.987 of 2025 Hon’ble Alok Mahra, J. Mr. Mayank Joshi, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0025 of 2024, under Section 18/20/08 of N.D.P.S. Act, registered at Police Station Banbasa, District Champawat. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case and has no antecedent criminal history. It is submitted that the applicant has been languishing in judicial custody since 27.02.2024. Learned counsel further submits that though the alleged recovery was purportedly made by the police at an SSB Check Post, no sincere efforts were undertaken to associate any independent witness during the said recovery. It is also submitted that no video recording of the recovery proceedings was made, thereby casting serious doubt on the genuineness of the alleged recovery. It is further contended that the mandatory provisions contained under Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been strictly adhered to. Learned counsel also points out that out of the total prosecution witnesses, five have already been examined and the trial is at an advanced stage, therefore, 2025:UHC:9207 continued incarceration of the applicant is unwarranted. 4. Per contra, learned State Counsel has vehemently opposed the prayer for bail, contending that the offences alleged against the applicant are grave and serious in nature. It is further submitted that the applicant is a resident of Nepal and, if enlarged on bail, there exists a reasonable apprehension that he may abscond or flee from justice. It is further submitted that since the trial is presently underway, the release of the applicant at this juncture may hamper the fair progress of the proceedings and prejudice the course of justice. 5. Having given thoughtful consideration to the rival submissions advanced by learned counsel for the parties and upon perusal of the record, this Court does not find any cogent or convincing ground to grant bail to the applicant at this stage. Furthermore, the allegations pertain to a serious offence under the NDPS Act, and the trial has already reached an advanced stage with several witnesses examined. In such circumstances, this Court is of the considered view that no case for grant of bail is made out. Accordingly, the bail application stands rejected. 6. Nevertheless, keeping in view the constitutional mandate of a speedy trial under Article 21 of the Constitution of India and in order to balance the scales of justice, it is directed that the learned trial Court shall make all possible endeavours to expedite the proceedings and conclude the trial expeditiously, preferably within a period of six months from the date of production of a certified 2025:UHC:9207 copy of this order, without granting unnecessary adjournments to either side. 7. Let a copy of this order be transmitted forthwith to the learned trial Court concerned for strict compliance and necessary action. (Alok Mahra, J.) 15.10.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.10.15 17:24:03 +05'30'