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2025 DAILYLAW 11760 (UTT)

SAVEJ v. STATE OF UTTARAKHAND

BA1/1786/2025 · 2025-09-24

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8628 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1786 of 2025 Savej ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Savej 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.625 of 2025, registered at Kotwali Manglaur, District Haridwar. 2. According to the First Information Report dated 14.09.2025, the applicant was apprehended by the police. He was searched. The police recovered 11.70 gm Smack from his bag. He was arrested. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 1 2025:UHC:8628 4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated by the police. The alleged contraband was not recovered from his possession. The said recovery is false. There was no independent witness at the time of the alleged recovery. This fact also supports the contentions of the applicant. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He is not a convicted person. The alleged recovered contraband is less than 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 2 2025:UHC:8628 view that the applicant deserves bail at this stage. 9. The Bail Application is allowed. 10. Let the applicant – Savej 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:24.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.24 19:45:23 +05'30'