2025:UHC:9911 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 11th NOVEMBER, 2025 FIRST BAIL APPLICATION NO. 2150 of 2025 Nadeem Gaji ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mehboob Rahi, Advocate. Counsel for the Respondent : Mrs. Rangoli Purohit, Brief Holder. Hon’ble Alok Kumar Verma,J. The applicant - Nadeem Gaji 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.492 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. According to the First Information Report dated 11.10.2025, the applicant was apprehended by the police on suspicion. The police recovered 31.36 gm. smack from his possession. Personal search was also conducted. He was arrested. 3. Heard Mr. Mehboob Rahi, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for respondent. 4. Mr. Mehboob Rahi, Advocate, contended that the 1 2025:UHC:9911 applicant is an innocent person. The alleged smack was not recovered from his possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery from the possession of the applicant. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant has no criminal antecedents. He is a permanent resident of District Pilibhit, Uttar Pradesh, therefore, there is no possibility of his absconding, and, the alleged recovered smack is less than commercial quantity. 5. Mrs. Rangoli Purohit, Brief Holder for respondent, 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. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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. 8. The Bail Application is allowed. 9. Let the applicant- Nadeem Gaji be released on bail on his executing a personal bond and furnishing two 2 2025:UHC:9911 reliable sureties, each in the like amount, to the satisfaction of the court concerned. ___________________ ALOK KUMAR VERMA, J. Dt: 11.11.2025 Pant/ 3