2025:UHC:11038 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 1 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO. 2 3 7 3 of 2 0 2 5 Naved ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Sadaf, Advocate. Counsel for the Respondent : Mr. Sandeep Sharma, Assistant Government Advocate. Hon ’ble Alok Ku m ar Ver m a,J. The applicant – Naved is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Phototrophic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.775 of 2025, registered at Kotwali Manglaur, District Haridwar. 2 . According to the First Information Report dated 27.11.2025, the applicant was apprehended by the police on suspicion. He was searched. The police recovered 186 gm. smack from the bag of the applicant. He was arrested. 3 . Heard Ms. Sadaf, learned counsel for the applicant and Mr. Sandeep Sharma, learned Assistant Government Advocate for respondent. 4 . Ms. Sadaf, Advocate, contended that the 1 2025:UHC:11038 police has falsely implicated the applicant. The alleged smack was not recovered from his possession. There was no independent witness at the time of the alleged recovery from the applicant. This fact also supports the submission of the applicant. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered smack is less than commercial quantity.. 5 . Mr. Sandeep Sharma, 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, 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. 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 2 2025:UHC:11038 view that the applicant deserves bail at this stage. 9 . The Bail Application is allowed. 1 0 . Let the applicant – Naved 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: 11.12.2025 Pant/ 3