2025:UHC:9540 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH OCTOBER, 2025 FIRST BAIL APPLICATION NO.2034 OF 2025 Sahib alias Sakib ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sachin Kumar Sharma, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant-Sahib alias Sakib 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 First Information Report No.412 of 2025, registered at Kotwali Gangnahar, District Haridwar. 2. According to the First Information Report dated 27.08.2025, three persons including the applicant were coming on a scooty. On suspicion, the police tried to stop them. Applicant tried to run away. He was apprehended by the police, while two co- accused managed to escape from the spot. The applicant was searched. The police recovered 105.74 1 2025:UHC:9540 gm. smack from a polythene which was kept in the pocket of the applicant. He was arrested. 3. Heard Mr. Sachin Kumar Sharma, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent. 4. Mr. Sachin Kumar Sharma, Advocate submitted that the applicant has been falsely implicated by the police. He is an innocent person. The alleged smack was not recovered from his possession. The alleged recovery was false. There was no independent witness at the time of the alleged recovery from the possession of the applicant. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He has no criminal antecedents, and, the alleged recovered smack is less than commercial quanity. 5. Mr. Pradeep Lohani, Brief Holder has opposed the bail application orally. 6. As per Table prepared under Section 2 (xxiii- a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 gm of smack (Heroin) is small quantity and greater than 250 gm of smack is commercial quantity (Entry No.56). 2 2025:UHC:9540 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 – Sahib alias Sakib 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. Date: 29.10.2025 JKJ/Pant 3