Parvez vs State Of Uttarakhand
2026 Latest Caselaw 2978 UK

Uttarakhand High Court

Parvez vs State Of Uttarakhand on 15 April, 2026

                                                                                              COURT'S OR JUDGES'S
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                                                                                              2026:UHC:2667

                               BA1 No. 224 of 2026
                               Parvez                                    ....Applicant
                                                      Vs.
                               State of Uttarakhand                   ......Respondent
                               Hon'ble Ashish Naithani, J.

Mr. Lalit Miglani and Mr. Mohit Joshi, learned counsel for the Applicant.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant--Parvez, S/o Sharafat, R/o Mohalla Pawaodhoi, Jwalapur, District Haridwar. The Applicant is in judicial custody in connection with FIR No. 763 of 2025, registered at Police Station Kotwali Jwalapur, District Haridwar, for the offences punishable under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "NDPS Act").

4. Heard Mr. Lalit Miglani, learned counsel for the Applicant, and Mr. S.S. Chauhan, learned Deputy Advocate General, assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. The record has been perused.

5. Learned counsel for the Applicant submits that the Applicant holds a valid license for sale, distribution, retail stocking, and exhibition of drugs. It is further submitted that the alleged substances recovered from the possession of the Applicant are below commercial quantity. It is also contended that there is no independent witness to the alleged recovery, and the mandatory provisions of Section 50 of the NDPS Act have not been complied with. It is further submitted that the Applicant is a young person aged about 25 years and has been in judicial custody since 13.12.2025. Accordingly, it is prayed that the Applicant, who has been falsely implicated and has no role in the alleged offences, be enlarged on bail.

6. Per contra, learned State Counsel has strongly opposed the bail application, submitting that there is sufficient evidence against the Applicant. It is contended that the Applicant does not possess a valid license, and the recovery has been made in accordance with law.

7. After hearing learned counsel for the parties and upon perusal of the record, this Court finds that, at this stage, the grounds urged on behalf of the Applicant for grant of bail appear to be well- founded. Without expressing any opinion on the merits of the case, this Court is of the view that the Applicant has made out a case for grant of bail.

8. Accordingly, the Bail Application is allowed.

9. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. All pending applications, if any, stand disposed of.

(Ashish Naithani, J.) 15.04.2026 Shiksha