2025:UHC:7469 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ndAUGUST, 2025 FIRST BAIL APPLICATION NO. 1526 of 2025 Anas ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Alauddin, Advocate through video conferencing. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant Anas 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.608 of 2025, registered at Kotwali Laksar, District Haridwar. 2. According to the First Information Report dated 07.06.2025, the police party apprehended the applicant and recovered 80 capsules of Dicyclomine Hydrochloride Tramadol, Hydrochloride & Acetaminophen Capsules, total 47.2 gram from the possession of the applicant. 3. Heard Mr. Mohd. Alauddin, learned counsel for the applicant and Mr. Himanshu Sain, learned Brief 1 2025:UHC:7469 Holder for respondent. 4. Mr. Mohd. Alauddin, 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. There was no independent witness at the time of the alleged recovery. The alleged recovered contraband is below from commercial quantity. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar. 5. Mr. Himanshu Sain, Brief Holder, has opposed the bail application orally. However, he conceded that the weight of the recovered contraband was 47.2 gm and the applicant has no criminal antecedents. 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:7469 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 – Anas 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:22.08.2025 Pant\ 3