Parvez vs State Of Uttarakhand on 15 April, 2026

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    Uttarakhand High Court

    Parvez vs State Of Uttarakhand on 15 April, 2026

                                                                                                  COURT'S OR JUDGES'S
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions
    No
                 and Registrar's
                    order with
                   Signatures
                                                                                                  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.

    SPONSORED

    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



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