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2026 DAILYLAW 10263 (UTT)

TARIQ v. STATE OF UTTARAKHAND

BA1/1012/2026 · 2026-08-19

Rakesh Thapliyal

body2026

Judgment text

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 UKHC010097592026 2026:UHC:7496 UKHC010097592026 BA1/1002/2026 Sahjan & another --Applicants Versus State of Uttarakhand --Respondent With UKHC010098842026 BA1/1012/2026 Tariq --Applicant Versus State of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. Mr. Gaurav Singh, Mr. Mohd. Safdar, learned counsel, for the applicants. 2. Mr. Deepak Bhardwaj, learned Brief Holder, for the State of Uttarakhand. 3. These two bail applications are moved by the present applicants – Sahjan, Babar and Tariq, who are praying for bail in reference to FIR dated 20.05.2026 bearing FIR No.183 of 2026, Police Station Kotwali Gangnahar Roorkee, District Haridwar, wherein, all these applicants have been implicated for the offences punishable under Sections 8/21 of the NDPS Act. 4. It is argued by learned counsel for the applicants that all the three persons were searched, though at a time, but the recovery as shown from each of them are separate and recovery as shown of the contraband i.e. smack, from each of the applicants are very less and much below the commercial quantity, and all these applicants have no criminal antecedents and are languishing in jail since 20.05.2026. It is further submitted that even about search and seizure, there is no substantial compliance of the mandatory of the provisions of the NDPS Act, and the inventory so prepared was not certified by the Magistrate as per the procedure prescribed under the 2022 Rules, since the Magistrate certified the inventory by putting an endorsement of “seen” only. 5. On the other side, learned Brief Holder have not disputed that the applicants have no criminal history and the alleged contraband is smack from each of the applicants is much below the commercial quantity. 6. After hearing the submissions of the learned counsel for the parties, and taking into consideration that the alleged contraband recovered from each of the applicants are of much below the commercial quantity and present applicants have no criminal antecedents and they are languishing in jail since 20.05.2026, therefore, this Court is of the view that the applicants deserve for bail. 7. Accordingly without expressing any opinion on the merits of the case, the instant bail applications are allowed. 8. Let the applicants – “Sahjan, Babar and Tariq”, be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of them, each of the like amount to the satisfaction of the Court concerned, subject to the following conditions:- a) After being released on bail the applicants shall join the Trial Court proceedings on each and every date without seeking any unnecessary adjournment. (b) The applicants shall not indulge in any such activity in future. (d) On breach of any such conditions, the prosecution is directed to move an application for cancellation of their bail. (Rakesh Thapliyal, J.) 19.08.2026 Nitesh/