2025:UHC:8532 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23RD SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1776 of 2025 Shahnawaz ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sanjay Kumar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant- Shahnawaz is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.317 of 2025, registered at Police Station Kashipur, District Udham Singh Nagar. 2. According to the First Information Report dated 21.07.2025, on a secret information, the police raided the house of the applicant. The police recovered 14.84 gm heroin from the possession of the applicant. 3. Heard Mr. Sanjay Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 1 2025:UHC:8532 4. Mr. Sanjay Kumar, Advocate, submitted that the alleged recovery was false. The said contraband was not recovered from the possession of the applicant. Applicant is not a convicted person. He is in custody since 21.07.2025, and, the alleged recovered contraband does not fall under the category of the commercial quantity. 5. Mr. Pradeep Lohani, learned Brief Holder, 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. 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 – Shahnawaz be released 2 2025:UHC:8532 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:23.09.2025 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=6f1c15b6305912b3f008e9a4a8038 ee7326b08b2d0e018b01be753f014836d27 , postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB967706845 2F32DE6BA960BFE64D819EE44CA9CCE487 B2FE0F92, cn=NEHA BISHT Date: 2025.09.23 18:56:52 +05'30'