BA1/1257/2025 on 21 July, 2025

Uttarakhand High Court

BA1/1257/2025 on 21 July, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                  2025:UHC:6341
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      Date    or directions               COURT'S OR JUDGE'S ORDERS
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                               BA1 No.1257 of 2025
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Bhupendra Singh Bhandari,
learned counsel for the applicant.

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

3. Present applicant-Dhirendra Tiwari S/o
Shri Bhuwan Chandra Tiwari is seeking
regular bail in relation to first information
report dated 10.07.2025, bearing FIR No.
0212 of 2025, Police Station Raipur, District
Dehradun, wherein the present applicant has
been implicated for the offence punishable
under Section 8/21, 29 read with Section 60
of the NDPS Act, 1985.

4. It is contended by learned counsel for
the applicant that the present applicant is
innocent and has been falsely implicated and
the alleged contraband shown to be recovered
from the present applicant, is 102.52 gram of
Smack, is below the commercial quantity,
and, furthermore, there is no proper
substantial compliance of Section 42(2) of the
NDPS Act read with Section 50 of the NDPS
Act.

5. It is also contended by learned counsel
for the applicant that this is a case of chance
recovery, but no videography and
photography was done, and, furthermore, the
applicant has no previous criminal history.

6. On the previous date, the State was
directed to get the instruction. Today, Mr.
V.S. Pal, learned AGA, on written instruction,
apprise to this Court that the contraband,
which is shown to be recovered from the
present applicant, is below commercial
quantity and the applicant has no previous
criminal history.

7. After hearing the arguments as
2025:UHC:6341
advanced by learned counsel for the parties
and further taking into consideration that the
alleged contraband, which is shown to be
recovered from the present applicant, is below
commercial quantity and the applicant has no
previous criminal history, this Court is of the
view that the applicant deserves for bail.

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

9. Let the applicant, namely, “Dhirendra
Tiwari,” 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.

(Rakesh Thapliyal, J.)
21.07.2025
R.Bisht
2025:UHC:6341