2025:UHC:9451 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th OCTOBER, 2025 FIRST BAIL APPLICATION NO. 2025 of 2025 Arif Mansoori ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate. Hon’ble Alok Kumar Verma,J. The applicant-Arif Mansoori is in judicial custody for the offence under Section 8 read with Section 18 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.300 of 2025, registered at Police Station Kichha, District Udham Singh Nagar. 2. According to the First Information Report dated 14.09.2025, the applicant was apprehended by the police on suspicion. The police recovered 1 kg. 13 gm. opium from the polythene of the applicant. He was arrested. 3. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Mani Kumar, Advocate, contended that 1 2025:UHC:9451 the applicant is an innocent person. He has been falsely implicated by the prosecution. The alleged opium was not recovered from his possession. The alleged recovery was false. The police did not inform the applicant’s family members about his arrest and no consent letter was prepared on the spot. There was no independent witness at the time of the alleged recovery from the possession of the applicant. These facts make the case of the police questionable and suspicious. Applicant has no criminal antecedents. He is a permanent resident of District Bareilly, Uttar Pradesh, therefore, there is no possibility of his absconding, and, the alleged recovered opium does not fall under the category of the commercial quantity. 5. Mr. Tumul Nainwal, 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, 25 gm. of opium is small quantity and greater than 2.50 kg. is commercial quantity (Entry No.92). 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. 2 2025:UHC:9451 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 – Arif Mansoori 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: 28.10.2025 Shiv/ 3