[Cites 4, Cited by 0]
Uttarakhand High Court
BA1/2514/2025 on 16 March, 2026
2026:UHC:1754
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.2514 of 2025
Hon'ble Alok Mahra, J.
Mr. Girveer Chand, Advocate for the
applicant.
Mr. Pradeep Lohani, Brief Holder for
the State of Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular bail
in F.I.R. No.76 of 2025, under Section 8/20
of N.D.P.S. Act, registered at Police Station
Purola, District Uttarkashi.
3. Applicant was apprehended on
02.11.2025 at about 13:20 hours, and it is
alleged that 930 grams of Charas was
recovered from his possession.
4. Learned counsel for the applicant
submits that the applicant has been falsely
implicated in the present case, has no
criminal history and is languishing in jail
since 02.11.2025. It is further contended
that the alleged recovery of Charas is less
than the commercial quantity prescribed
under the provisions of the Narcotic Drugs
and Psychotropic Substances Act, 1985. It is
also submitted that no independent witness
was associated with the alleged recovery,
which creates doubt regarding the fairness
of the prosecution case. Learned counsel for
the applicant has further placed reliance
upon the judgment of the Hon'ble Supreme
Court in Narcotics Control Bureau v. Kashif
(2024), reported in (2024) 11 SCC 372,
wherein it has been held that procedural
irregularities and non-compliance with
mandatory provisions under the N.D.P.S.
Act are relevant considerations while
adjudicating bail applications. The Court
further observed that although Section 37 of
the Act prescribes stringent twin conditions
2026:UHC:1754
for the grant of bail, the Court is
nonetheless required to examine whether
serious procedural lapses exist which may
undermine the credibility of the prosecution
case. Learned counsel assures the Court
that, in the event the applicant is enlarged
on bail, he shall not misuse the liberty of
bail, shall cooperate with the investigation/
trial, and shall furnish adequate personal
bonds and sureties as may be directed by
the Court.
5. Learned counsel for the State has
vehemently opposed the prayer for bail.
6. Considering the facts and
circumstances of the case, it is not disputed
that the alleged recovery from the
possession of the applicant is 930 grams of
Charas, which is less than the commercial
quantity prescribed under the provisions of
the Narcotic Drugs and Psychotropic
Substances Act, 1985. Consequently, the
rigours of Section 37 of the Act are not
attracted with the same degree of strictness
as in cases involving commercial quantity. It
has also been contended that no
independent witness was associated with
the alleged recovery, and the applicant has
been in judicial custody since 02.11.2025
and has no criminal history. There is nothing
on record to indicate that, if released on
bail, the applicant would tamper with the
evidence or influence the witnesses.
7. Considering the quantity involved, the
period of incarceration, and the overall
circumstances, without expressing any
opinion on the merits of the case, this Court
is of the considered opinion that the
applicant has made out a fit case for grant
of bail at this stage. Accordingly, the
applicant deserves to be enlarged on bail.
8. The bail application is allowed.
9. Let the applicant, namely, Aryan Singh
Rawat be released on bail, on executing
2026:UHC:1754
personal bond and furnishing two reliable
sureties, each of like amount, to the
satisfaction of Court concerned subject to
the following conditions:
(i) The applicant shall attend the trial Court
regularly, and, he will not seek any
unnecessary adjournment.
(ii) The applicant shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of this case.
(iii) The applicant shall not leave India
without any prior permission of the trial
Court.
It is clarified that if the applicant
misuses or violates any of the conditions,
imposed upon him, the complainant/
informant will be free to move the court for
cancellation of bail.
(Alok Mahra, J.)
16.03.2026
Arpan
ARPAN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
2.5.4.20=eabb68a3895e41937c266c23964c0485365445
e3a20dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5
109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN
JAISWAL
Date: 2026.03.16 17:13:47 +05'30'
