BA1/52/2025 on 4 April, 2025

Uttarakhand High Court

BA1/52/2025 on 4 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                 2025:UHC:2515
                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 No. 52 of 2025

                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Shariq Khurshid, learned counsel for the
applicant.

2. Mr. Siddhartha Bisht, learned A.G.A. with
Mr. Himanshu Sain, learned Brief Holder for the
State.

3. The present applicant ‘Mohsin’ S/o Shri
Mohd. Raees is praying for regular bail in relation
to FIR dated 18.11.2024 bearing FIR No. 449 of
2024 P.S. Kashipur, District Udham Singh Nagar,
wherein, the present applicant has been
implicated for the offences punishable under
Sections 8/21/60 of NDPS Act.

4. It is submitted by the learned counsel for the
applicant that the applicant is innocent and has
been falsely implicated and furthermore the
alleged contraband, which was shown to be
recovered from the present applicant i.e. 305 gms
of smack is a commercial quantity but the search
and seizure as conducted by the prosecution is
completely doubtful as there is no compliance of
Section 42(2) of NDPS Act and specifically this
aspect has been pleaded in paragraph 6 of the bail
application, which has not been denied in the
counter affidavit.

5. Apart from this, he submits that there is no
independent witness and the present applicant is
not previously convict.

6. Learned A.G.A. Mr. Siddhartha Bisht on
written instructions apprise to this court that the
applicant have a criminal history and there are
three other cases which are as follows:

(i) Case Crime No. 194 of 2017 for the
offences punishable under Section 302
of IPC.

(ii) Case Crime No. 353 of 2022 for the
offences punishable under Section
8/20 of NDPS Act.

(iii) Case Crime No. 65 of 2024 for the
offence punishable under Section
2025:UHC:2515
8/22/60 of NDPS Act.

7. Apart from this, he submits that there is
proper compliance of the mandatory provisions of
the NDPS Act and submits that the present
applicant does not deserve for bail since the
applicant is a habitual offender and he is involved
in three other criminal cases out of which two
cases pertains to NDPS Act.

8. After hearing the arguments of learned
counsel for the parties and further taking into
consideration the written instructions as shown by
the learned State counsel before this court, this
Court is of the view that the applicant does not
deserve for bail.

9. Accordingly, the bail application is rejected.

(Rakesh Thapliyal, J.)
04.04.2025
PR
2025:UHC:2515