2025:UHC:7653 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025 FIRST BAIL APPLICATION NO.1569 of 2025 Mujeeb ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The applicant-Mujeeb is in judicial custody for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.269 of 2025, registered at Police Station Bhagwanpur, District Haridwar. 2. According to the First Information Report dated 14.08.2025, the police party recovered 10.50 gm. illegal smack (heroin) from the possession of the applicant. 3. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for respondent. 1 2025:UHC:7653 4. Mr. Bilal Ahmed, Advocate contended that the applicant is an innocent person. He has been falsely implicated in the present matter. The alleged smack was not recovered from his possession. The alleged recovery is false. There was no independent witness at the time of the alleged recovery. This fact also makes the police story doubtful. The alleged recovered contraband is below from commercial quantity. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar. 5. Mr. Sandeep Sharma, 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 heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56). 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. 8. Having considered the submissions of learned counsel for both the parties and in the facts and 2 2025:UHC:7653 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 – Mujeeb 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:28.08.2025 JKJ/Pant 3