Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1/1195/2025 Hon’ble Rakesh Thapliyal, J.
1. Ms. Sudha Tamta, learned Legal Aid Counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Ahmad Ali, son of Shri Mohabbat Ali, is praying for regular bail in relation to FIR dated 11.02.2025 bearing FIR No. 0016 of 2025, Police Station – Muni ki Reti, District Tehri Garhwal, wherein present applicant has been implicated for the offence punishable under Section 8 / 21 of the NDPS Act. 4. It is submitted by the learned Legal Aid Counsel for the applicant that applicant is innocent and has been falsely been implicated. She further submits that that alleged contraband (smack), which is shown to be recovered from the applicant is non commercial quantity i.e. 20.50 gram. She further submits that there is no substantial compliance of section 42, 43 and 50 NDPS Act and applicant is languishing in jail since 11.02.2025 and furthermore, the applicant has criminal history of 8 cases and in all these cases, applicant is bailed out. 5. On the other side, learned Brief Holder for the State has vehemently opposed the bail application by submitting the applicant is a habitual offender and indulged in criminal activity since 2018. He further submits that there are as many as 8 criminal cases pending against him the reference of which has been given in the order dated 24.04.2025 passed by Special Judge, NDPS Act, Tehri Garhwal while rejecting the bail application. These cases are as follows: i. FIR No. 449 of 2023, for the offences punishable under Section 4/25 of the Arms Act, Police Station – Gangnahar, District Haridwar. ii. FIR No. 393 of 2018, for the offences punishable under Section 379, 411 IPC, Police Station – Bhagwanpur, District Haridwar. iii. FIR No. 27 of 2021, for the offences punishable under Section 379, 411 IPC, Police Station – Gangnahar, District Haridwar. iv. FIR No. 93 of 2018, for the offences punishable under Section 380, 411, 457 IPC, Police Station – Gangnahar, District Haridwar. v. FIR No. 387 of 2022, for the offences punishable under Section 380, 411, 457 IPC, Police Station – Bhagwanpur, District Haridwar. vi. FIR No. 114 of 2023, for the offences punishable under Section 4/25 of the Arms Act, Police Station – Bhagwanpur, District Haridwar. vii.
FIR No. 176 of 2024, for the offences punishable under Section 8/ 21 of the NDPS, Police Station – Roorkee, District Haridwar. viii. FIR No. 603 of 2024, for the offences punishable under Section 4/25 of the Arms Act, Police Station – Gangnahar, District Haridwar. 6. After hearing the learned counsel for the parties and taking into consideration that applicant has criminal history of 8 cases and the applicant is repeatedly indulged in the criminal activities, therefore, this Court is of the view that grant of bail to the applicant is not in the interest of society. Accordingly, the bail application is rejected. However, the trial court is directed to expedite and conclude the trial as expeditiously as possible, preferably within 9 months from today. 7. Registry is directed to send the copy of this
order to the concerned trial court for necessary compliance.
(Rakesh Thapliyal, J.)
09.07.2025. SKS