HIGH COURT OF UTTARAKHAND
KUSHARG GUPTA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
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. 737 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma and Mr. Pankaj Tangwan, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned Brief Holder for the State.
3. The present applicant ‘Kusharg Gupta’ S/o Vinod Kumar Gupta is praying for bail in relation to First Information Report dated 09.03.2025 bearing FIR No. 0041 of 2025, P.S. Rajpur, District Dehradun, wherein, the present applicant has been implicated for the offence punishable under Sections 8/21 r/w Section 29 and 60 of NDPS Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant is 20 grams of Cocaine, which is a non-commercial quantity and 7 LSD 0.16 grams, which is a commercial quantity. He further submits that since the recovery as alleged is a commercial quantity, therefore Section 37 of the NDPS Act will come into his way.
5. He argued that there is no substantial compliance of Section 52A of the NDPS Act since the invento
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