BA1/523/2025 on 2 April, 2025

Uttarakhand High Court

BA1/523/2025 on 2 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                 2025:UHC:2420
                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. 523 of 2025

                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Bilal Ahmed, learned counsel for the
applicant.

2. Mr. Pankaj Joshi, learned A.G.A. for the
State.

3. The present applicant ‘Furkan’ S/o Jamshed
is praying for regular bail in relation to First
Information Report dated 17.03.2025, P.S.
Bhagwanpur, District Haridwar bearing FIR No.
0077 of 2025, wherein, the present applicant has
been implicated for the offence punishable under
Section 8/20 of NDPS Act.

4. Learned counsel for the applicant submits
that the alleged contraband of charas which is
shown to be recovered from the present applicant
is below a commercial quantity i.e. 10 gms.

5. Apart from this, learned counsel submits
that there is no proper compliance of Sections 42,
43, 50 and 52 of the NDPS Act and the applicant is
languishing in jail since 17.03.2025 and have no
previous criminal history.

6. Per contra, learned State counsel submits
that the applicant have a criminal history of one
case which pertains to Excise Act and so far as the
present case is concerned he has not disputed this
fact that the alleged contraband which was shown
to be recovered from the present applicant is
below a commercial quantity.

7. After hearing the argument 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 below a commercial quantity and the
previous history of the applicant is pertains to a
one case in which he has been implicated under
the Excise Act, this court is of the view that the
applicant deserves for bail.

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

2025:UHC:2420

9. Let the applicant ‘Furkan’ be released on
bail on furnishing his personal bond and two
sureties each of the like amount to the satisfaction
of the court concerned.

10. It is made clear that after being released on
bail the present applicant shall report his presence
to the nearest police station and the concerned
S.H.O. shall endorse his presence.

(Rakesh Thapliyal, J.)
02.04.2025
PR
2025:UHC:2420