BA1/103/2025 on 28 January, 2025

Uttarakhand High Court

BA1/103/2025 on 28 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures
                                 BA1 No. 103 of 2025
                                 Hon'ble Rakesh Thapliyal, J.

1. Mr. Lalit Sharma, learned counsel for the
applicant and Mr. G.S. Sandhu, learned Additional
Advocate General alongwith Mr. Akshay Latwal,
learned Brief Holder for the State.

2. Heard on bail application.

3. The present applicant Kheemanand
Palariya is seeking bail in relation to FIR No. 01 of
2025 registered with Police Station Kathgodam,
District Nainital, for the offence punishable under
Sections 8, 20 and 60 of N.D.P.S. Act, 1985.

4. Learned counsel for the applicant
submits that there is no independent witness and
furthermore there is no compliance of Section 50
of the NDPS Act and the alleged contraband, which
was shown to be recovered from the present
applicant is 275 grams of charas, which is much
below the commercial quantity, which itself is
reflected from the order passed by the trial court
rejecting the bail application of the applicant. It is
further submitted that the applicant have no
previous criminal history.

5. On the other side, Mr. G.S. Sandhu,
learned Additional Advocate General have not
disputed this fact that the alleged contraband
shown to be recovered from the applicant is below
the commercial quantity and applicant have no
previous criminal history.

6. After hearing the arguments of learned
counsel for the parties and further taking into
consideration that the alleged contraband, which
was shown to be recovered from the present
applicant is much below the commercial quantity,
therefore, without expressing any opinion on the
merit of the case, this Court is of the view that the
applicant deserves to be enlarged on bail.

7. Accordingly, the bail application is
allowed.

8. Let the applicant – “Kheemanand
Palariya” be released on bail on his executing a
personal bond and furnishing two reliable sureties
of the like amount to the satisfaction of the court
concerned.

(Rakesh Thapliyal, J.)
(Vacation Judge)
28.01.2025
Ujjwal