2025:UHC:9528 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 9 TH OCTOBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 0 3 0 of 2 0 2 5 Rehman ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant- Rehman is in judicial custody for the offence punishable under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.391 of 2025, registered at Police Station Bahadrabad, District Haridwar. 2 . According to the First Information Report dated 08.10.2025, two persons including the present applicant were coming on a motorcycle on 08.10.2025. The police tried to stop them. They tried to ran away after seeing the police. The police apprehended the applicant. He had a polythene in his hand. The police 1 2025:UHC:9528 found 30 gm smack in the said polythene. He was arrested. 3 . Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Mohd. Safdar, Advocate, contended that the applicant has been implicated by the police. 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. This fact also makes the story of the police doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered smack 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. 2 2025:UHC:9528 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. 1 0 . Let the applicant – Rehman 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: 29.10.2025 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=6f1c15b6305912b3f008e9a4a8038ee 7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0F 92, cn=NEHA BISHT Date: 2025.10.29 17:41:51 +05'30'