2025:UHC:6710 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1262/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Neetu Singh, (through V.C.) and Mr. Vinod Chandra, learned counsel for the applicant. 2. Mr. V. S. Pal and Mr. Sandeep Sharma, learned Assistant Government Advocates for the State. 3. Present applicant ‘Mohd. Hussain, son of Shri Mohd. Khalid,’ is praying for regular bail in relation to First Information Report dated 17.05.2025 bearing FIR No. 0197 of 2025, Police Station – Kotwali Gangnahar, District – Haridwar wherein present applicant has been made an accused for the offence punishable under Section 8/22 of NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and he has no concern with the persons, who are involved in this offence. She submits that present applicant is pursuing B. Pharma and doing internship in Bharat Medical Store, whose proprietor is one Mohd. Amir and in this medical store, there was one pharmacist, who is running the medical store, namely Feroz Ali. Learned counsel further submits that proprietor of medical store Mr. Mohd. Amir obtained an interim protection order in WPCRL No. 639 of 2025 by giving an impression that drugs, which has been shown to be recovered from the shop falls under Schedule H and H-1 and he has a license to sell drugs mentioned under Schedule H and H-1. She also submits that before the Coordinate Bench the proprietor of the shop Mr. Mohd. Amir gives the impression that he is the license holders to sell the drugs as specified under Schedule H and H-1. She further submits that whatever prohibited drugs, which has been shown to be recovered, is recovered from the shop and not from the possession of the applicant, since applicant was doing internship in the shop. She further submits that applicant has no previous criminal history. 5. On the previous date, State was directed to get instructions. Today, on instructions, Mr. Sandeep Sharma and Mr. V.S. Pal, learned AGA for the State apprised to this Court that license of Mohd. Amir was already expired on 02.10.2024 and this fact was deliberately suppressed by him from the Coordinate 2025:UHC:6710 Bench and by suppressing this fact he has obtained protection order from the Coordinate Bench. They further submit that as per prosecution case, main accused for the offences are proprietor of the shop Mohd. Amir and pharmacist – Feroz Ali. 6. Learned counsel for the applicant has annexed the interim protection order passed by the Coordinate Bench of this Court in WPCRL No. 639 of 2025 dated 20.06.2025 (Annexure No. 2), which reveals that proprietor of medical store Mohd. Amir stated before the Coordinate Bench that he is the owner of the shop and has a license to sell the drugs mentioned under Schedule H and H-1. 7. Since on instructions, learned State Counsel apprised to this Court that license of Mohd. Amir was expired on 02.10.2024, as such, he is not entitled to sell the prohibited drugs. 8. After hearing the learned counsel for the parties and taking into consideration the fact that applicant is pursuing B. Pharma and was doing internship in the medical shop and has no previous criminal history, this Court is of the view that applicant deserves for bail. 9. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 10. Let the applicant ‘‘Mohd. Hussain, son of Shri Mohd. Khalid,’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 11. It is made clear that after being released on bail, the applicant will not make an attempt to contact with proprietor of the shop Mohd. Amir and Pharmacist Feroz Ali, failing which the prosecution is free move an application for cancellation of this bail. 12. It is also made clear that this order will not be treated as precedent in respect of other co accused. (Rakesh Thapliyal, J.) 31.07.2025. SKS 2025:UHC:6710