2025:UHC:7364 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20th AUGUST, 2025 FIRST BAIL APPLICATION NO.1481 of 2025 Mohammad Asad alias Gulfam ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant Mohammad Asad alias Gulfam is in judicial custody under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.768 of 2025, registered at Police Station Laksar, District Haridwar. 2. According to the First Information Report dated 25.07.2025, the police party recovered 66 capsules of Acetaminophen Tramadol Hydrochloride & Dicyclomine Hydrochloride Capsules, total 38.28 gram from the possession of the applicant. 1 2025:UHC:7364 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent. 4. Mr. Gaurav Singh, Advocate, submitted that the applicant has been falsely implicated in the present matter. The alleged contraband was not recovered from the possession of the applicant. The alleged recovery was false. The alleged recovered contraband is below from commercial quantity. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar. 5. Mr. Tumul Nainwal, learned Assistant Government Advocate, has opposed the bail application orally. 6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of Tramadol is small quantity and greater than 250 gm is commercial quantity (Entry No.238 ZH). 7. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities. 2 2025:UHC:7364 8. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any opinion as to the merits of the case, this Court is of the view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant – Mohammad Asad alias Gulfam be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. ___________________ ALOK KUMAR VERMA, J. Dt:20.08.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b 01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D 819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.20 19:22:16 +05'30'