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 JUDGES’S
2026:UHC:3844
BA1 No. 680 of 2026 Firoz Khan
....Applicant
Vs. State of Uttarakhand ......Respondent Hon ’ble Ash ish Nait han i, J. Mr. Sanjay Kumar Chandel, learned counsel for the Applicant.
2. Mr. Pratiroop Pandey, learned A.G.A. for the State of Uttarakhand.
3. The present Bail Application has been moved by the Applicant—Firoz Khan, S/o Shri Saleem Khan, R/o Ward No. 09, Near Rehmat Shah Baba Ki Mazar, Mohalla Alli Khan, Kashipur, P.S. Kashipur, District Udham Singh Nagar, who is in judicial custody in connection with FIR No. 0085 of 2026, registered at Police Station Kashipur, District Udham Singh Nagar, for offences punishable under Sections 8/21 of the N.D.P.S. Act, 1985.
4. Heard learned counsel for the parties and perused the record.
5.
Learned counsel for the Applicant submitted that the Applicant has been falsely implicated in the present matter and the alleged contraband (smack) shown to have been recovered from his possession is 8.98 grams, which falls within non-commercial quantity. It is further submitted that there has been no proper compliance of Section 50 of the N.D.P.S. Act, which is mandatory in nature in cases involving recovery of illicit contraband under the provisions of the Act.
6. Per contra, learned State Counsel opposed the bail application and submitted that the Applicant has criminal history to his credit.
7. After hearing learned counsel for the parties and upon perusal of the material available on record, this Court finds that the quantity
allegedly recovered from the possession of the Applicant is non- commercial in nature. Considering the overall facts and circumstances of the case, and without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has been able to make out a fit case for grant of bail.
8. Accordingly, the Bail Application is allowed.
9. Let the Applicant be released on bail upon furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
10. It is made clear that any observation made hereinabove is only for the purpose of adjudication of the present bail application and shall not be construed as an expression on the merits of the case.
11. All pending applications, if any, shall stand disposed of.
( Ash ish Nait h an i, J.) 18.05.2026 Shiksha