Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(UK) 1519

HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Ajay Pal – Appellant
Versus
State – Respondent
Bail Application | HBA 1/1139/2025

Advocates:
For the Appellants/Petitioners: Ms. Nishat Intezar
For the Respondents: Mr. V.S. Pal

The court granted bail due to the non-commercial nature of the contraband and the applicant's clean criminal history, emphasizing the importance of compliance with legal procedures.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8/21 - Bail Application - Allegations of possession of contraband - Applicant seeks bail citing non-commercial quantity, non-compliance with mandatory provisions, and absence of criminal history - Bail granted based on considerations presented in court. (Paras 4, 6, 7)

(B) Bail - Considerations for granting bail include nature of the offense, quantity of contraband, and applicant's history - The court ruled favorably for the applicant, suggesting absence of considerable criminal background and the non-commercial nature of seized substances. (Paras 6, 8)

Facts of the case:
The applicant Ajay Pal was accused under Section 8/21 of the NDPS Act for possessing a non-commercial quantity of charas and had been in custody since May 7, 2025. The State did not dispute the quantity but contested non-compliance with legal provisions.

Findings of Court:
The applicant was deemed deserving of bail due to the nature of the contraband, absence of prior criminal history, and overall circumstances.

Issues: The court had to consider whether the non-compliance of mandatory provisions justified maintaining custody.

Ratio Decidendi: The court determined that the lack of prior criminal behavior and the nature of the possession were substantial to grant bail, with a warning regarding future compliance with lawful activities.

Result: Bail application granted.

SL. N o .	D a t e	Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s	COURT’ S OR JUD GE’ S ORD ERS
			H BA 1 / 1 1 3 9 / 2 0 2 5 o n ' b l e Ra k e sh Th a p l i y a l , J. 1. Ms. Nishat I nt ezar, learned counsel for t he applicant . 2. Mr. V.S. Pal, learned A.G.A. for t he St at e. 3. Present applicant -Aj ay Pal, S/ o Madan Lal is praying for regular bail in relat ion t o FI R dat ed 07.05.2025, bearing FI R No. 0145 of 2025 regist ered at P.S. Kiccha, Dist rict Udham Singh Nagar wherein t he present applicant along wit h one Om babu have been im plicat ed for t he offence punishable under Sect ion 8/ 21 of t he NDPS Act . 4. I t is subm it t ed by t he learned counsel for t he applicant t hat t he alleged cont raband, charas, which is shown t o be recovered from t he applicant is a non com m ercial quant it y, i.e. 23.78 gram s and t here is no subst ant ial com pliance of Sect ions 50, 52, 55 and 57 of t he NDPS Act , and is languishing in j ail since 07.05.2025. 5. On t he ot her side, Mr. Pal, learned A.G.A. for t he St at e has not disput ed t his fact t hat t he alleged cont raband which is shown t o be recovered from t he applicant is a non com m ercial quant it y but so far as non com pliance of t he m andat ory provisions of t he NDPS is concerned, he st rongly denied t he sam e. So far as crim inal hist ory of t he applicant is concerned, Mr. Pal subm it s t hat t he hist ory of t he applicant is being inquired. However, Ms. Nishat I nt ezar, learned counsel for t he applicant subm it s t hat t he applicant has no previous crim inal hist ory. 6. Aft er hearing t he argum ent s of t he

			learned counsel for t he part ies and furt her t aking int o considerat ion t hat t he alleged cont raband which is shown t o be recovered from t he applicant is a non com m ercial quant it y and furt her in view of t he st at em ent as given by t he learned counsel for t he applicant t hat t he applicant has no previous crim inal hist ory, t his Court is of t he view t hat t he applicant deserves for bail. 7. Accordingly, wit hout expressing any opinion on t he m erit of t he case, t he bail applicat ion is allowed. 8. Let t he applicant “Aj ay” Pal be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies of t he like am ount t o t he sat isfact ion of t he court concerned. 9. I t is m ade clear t hat aft er being released on bail if t he applicant is found t o be indulged in any such act ivit ies, t hen t he prosecut ion is free t o m ove an applicat ion for cancellat ion of bail. ( Ra k e sh Th a p l i y a l , J.) 0 2 .0 7 .2 0 2 5 Parul

learned counsel for t he part ies and furt her t aking int o considerat ion t hat t he alleged cont raband which is shown t o be recovered from t he applicant is a non com m ercial quant it y and furt her in view of t he st at em ent as given by t he learned counsel for t he applicant t hat t he applicant has no previous crim inal hist ory, t his Court is of t he view t hat t he applicant deserves for bail. 7. Accordingly, wit hout expressing any opinion on t he m erit of t he case, t he bail applicat ion is allowed. 8. Let t he applicant “Aj ay” Pal be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies of t he like am ount t o t he sat isfact ion of t he court concerned. 9. I t is m ade clear t hat aft er being released on bail if t he applicant is found t o be indulged in any such act ivit ies, t hen t he prosecut ion is free t o m ove an applicat ion for cancellat ion of bail. ( Ra k e sh Th a p l i y a l , J.) 0 2 .0 7 .2 0 2 5 Parul

Click Here to Read the rest of this document

2025 Supreme(Online)(UK) 1519

HIGH COURT OF UTTARAKHANDRakesh Thapliyal, JAjay Pal – AppellantVersusState – RespondentBail Application | HBA 1/1139/2025

The court granted bail due to the non-commercial nature of the contraband and the applicant's clean criminal history, emphasizing the importance of compliance with legal procedures.

HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Ajay Pal – Appellant
Versus
State – Respondent
Bail Application | HBA 1/1139/2025