Uttarakhand High Court
BA1/428/2025 on 13 June, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:4938
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.428 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Rishabh Bisht, learned counsel,
holding brief of Mr. Vikas Kumar Guglani,
learned counsel for the applicant.
2. Mr. Siddhartha Bisht, learned AGA
for the State.
3. Present applicant-Mahadev Das S/o
Shri Nandgopal Das is seeking regular bail
in relation to first information report dated
23.02.2025 bearing FIR No. 0060 of 2025,
Police Station Transit Camp, District
Udham Singh Nagar, wherein the present
applicant has been implicated for the
offence punishable under Section 8/21 of
the NDPS Act.
4. Learned counsel for the applicant
submits that the present applicant is
innocent and has been falsely implicated.
He submits that the alleged contraband,
which was shown to be recovered from the
present applicant, is 33.65 gram of Smack,
which is much below the commercial
quantity, and, furthermore, there is no
substantial compliance of Sections 50 and
52 of the NDPS Act and the applicant has
no previous criminal history.
5. On the other side, Mr. Siddhartha
Bisht, learned AGA, has not disputed this
fact that the alleged contraband-smack,
which was shown to be recovered from the
present applicant, is much below the
commercial quantity and the applicant has
no previous criminal history
6. After hearing the arguments as
advanced by learned counsel for the parties
and further taking into consideration that
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the alleged contraband-smack, which was
shown to be recovered from the present
applicant, is below the commercial quantity,
and, furthermore, the applicant has no
previous criminal history, this Court is of
the view that the applicant deserves for bail.
7. Accordingly, without expressing any
opinion on the merit of the case, the
present bail application is allowed.
8. Let the applicant, namely, Mahadev
Das, 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.)
13.06.2025
R.Bisht
2025:UHC:4938