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2025 Supreme(Online)(UK) 1017342

HIGH COURT OF UTTARAKHAND
SAHWAN – 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. 239 of 2025 Hon’ble Rakesh Thapliyal, J.

1. Mr. Gaurav Singh, learned counsel for the applicant.

2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State.

3. Present applicant–Sahwan S/o Shri Dilshad, is seeking bail in relation to first information report dated 28.12.2024 bearing FIR No.0702 of 2024, Police Station Pathri, District Haridwar, wherein the present applicant has been implicated for the offences punishable under Section 8/22/29 and 27(a) of the N.D.P.S. Act, 1985.

4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and the alleged recovered prohibited drugs though are commercial one, but there is no substantial compliance of mandatory provision of the NDPS Act.

5. Apart from this, he submits that since the alleged prohibited drug, which was shown to be recovered from the present applicant, is commercial one, therefore, in such an eventuality, Section 37 of the NDPS will come into his way and in reference to this, he submits tha

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