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2025 DAILYLAW 9479 (UTT)

AKBAR v. STATE OF UTTARAKHAND

BA1/1319/2025 · 2025-08-14

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:7196 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. 1319 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajat Mittal, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. The present applicant ‘Akbar’ S/o Khursheed is praying for bail in relation to First Information Report dated 06.07.2025 bearing FIR No. 147 of 2025 P.S. Sahaspur, District Dehradun, wherein, the present applicant has been implicated for the offence punishable under Section 8/21 of NDPS Act. 4. Learned counsel for the applicant argued that the alleged contraband, which is shown to be recovered from the present applicant, is smaller quantity i.e. 9.51 gms of smack and there is no substantial compliance of the mandatory provisions of the NDPS Act. He further submits that the applicant has criminal antecedents of seven criminal cases and out of which four cases relates to the NDPS Act and in all those cases the applicant is already bailed out. He further submits that in the present case the applicant is languishing in jail since 06.07.2025. 5. On the other side, Mr. Pankaj Joshi, learned A.G.A. vehemently oppose the bail application by submitting that the applicant is a habitual offender and there are as many as seven cases out of which four cases relates to the NDPS Act, therefore, the applicant does not deserve for bail. 6. Mr. Pankaj Joshi submits that the applicant is indulged in criminal activity since 2020. 7. After taking into consideration long criminal history of the present applicant that too relates to the NDPS Act, this court is of the view that the applicant does not deserve for bail. 8. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 14.08.2025 PR 2025:UHC:7196