BA1/300/2025 on 21 February, 2025

Uttarakhand High Court

BA1/300/2025 on 21 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                    2025:UHC:1236
                Office N ot e s,
              r e por t s, or de r s
              or pr oce e dings
SL.
       Date     or dir e ct ions                          COURT'S OR JUD GE'S ORD ERS
N o.
              a nd Re gist r a r 's
                  or de r w it h
                  Signa t ur e s
                                       BA1 N o. 3 0 0 of 2 0 2 5
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Gaurav Singh, learned counsel
for the applicant.

2. Mr. V.S. Pal, learned AGA for the
State.

3. Present applicant-Mobeen Khan is
seeking bail in relation to Case Crime
No.26 of 2025 arising out of FIR dated
02.02.2025, Police Station – Kankhal,
District – Haridwar, wherein the present
applicant has been implicated for the
offences punishable under Section 8/21 of
Narcotics Drugs and Psychotropic
Substances Act, 1985, P.S. Kankhal,
District Haridwar.

4. Learned counsel for the applicant
submits that applicant is innocent and
the alleged recovery, as shown, is false
and fabricated, and, furthermore, at the
time of recovery, though the place, where
the recovery was made, was a public
place, but there was no public witness
and there is no compliance of Section 50
of the NDPS Act.

5. Apart from this, learned counsel for
the applicant submits that the applicant
has no previous criminal history and he is
languishing in jail since 02.02.2025.

6. On the previous date, the State
counsel was directed to get instruction in
the matter particularly with regard to the
criminal history of the present applicant
and, today, on written instruction, Mr.
V.S. Pal, learned AGA submits that the
applicant has no previous criminal
history.

2025:UHC:1236

7. So far as the quantity of the
contraband, which was shown to be
recovered from the present applicant, is
concerned, Mr. V.S. Pal, learned AGA, on
written instruction, also informs to this
Court the alleged contraband is below the
commercial quantity.

8. After hearing the arguments as
advanced by learned counsel for the
parties and further taking into
consideration that the applicant has no
previous criminal history and the alleged
contraband, which was shown to be
recovered from the present applicant, is
below the commercial quantity, this Court
is of the view that the applicant deserves
bail.

9. Accordingly, without expressing any
opinion on the merit of the case, the
present bail application is allowed.

10. Let the applicant, namely, Mobeen
Khan, be released on bail, on his
executing a personal bond and furnishing
two reliable sureties, each in the like
amount, to the satisfaction of the court
concerned.

11. It is also made clear in order to
ensure that the applicant may not indulge
in any such activity in future, the
applicant is directed to report the
concerned SHO within every 15 days in
nearest police station.

12. The concerned SHO, Kankhal is
directed to send a copy of this order to the
concerned nearest Police Station Bhuta of
District Bareily, where the applicant is
residing, so that the applicant may report
to the police station regularly within
every15 days.

(Rakesh Thapliyal, J.)
21.02.2025
R.Bisht
2025:UHC:1236