2025:UHC:11597 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 2 4 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 4 9 7 of 2 0 2 5 Tabis ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant- Tabis 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.618 of 2025, registered at Police Station Gangnahar, District Haridwar. 2 . According to the respondent, on 09.12.2025, the police saw the applicant. Seeing the police, he tried to run away from the spot. He was apprehended by the police. The police recovered 17.15 gm Smack from his possession. He was searched. He was arrested at 21: 00 hrs. 1 2025:UHC:11597 3 . Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4 . Mr. Bilal Ahmed, Advocate, contended that the applicant has been falsely implicated by the police. He was not involved in the said offence. The alleged smack was not recovered from his possession. There was no independent witness at the time of the alleged recovery. 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 Saharanpur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, 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. 2 2025:UHC:11597 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 – Tabis 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: 24.12.2025 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=6f1c15b6305912b3f008e9a4 a8038ee7326b08b2d0e018b01be753f 014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96770 68452F32DE6BA960BFE64D819EE44C A9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.12.24 18:23:15 +05'30'