2025:UHC:11318 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 7 TH DECEMBER, 2 0 2 5 FI RST BAI L APPLI CATI ON NO.2 4 4 5 of 2 0 2 5 Firoz ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mani Kumar, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. The applicant-Firoz 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.253 of 2025, registered at Police Station Banbhoolpura, District Nainital. 2 . According to the First Information Report dated 04.11.2025, the applicant was apprehended by the police on suspicion. The police recovered 56.07 gm smack from a polythene bag which the applicant was holding in his hand. He was arrested at 17.22 hrs. 3 . Heard Mr. Mani Kumar, learned counsel for 1 2025:UHC:11318 the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 4 . Mr. Mani Kumar, Advocate, contended that the alleged smack was not recovered from the possession of the applicant. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. This fact also supports the submission of the applicant. Applicant is not a convicted person. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding, and, the alleged recovered smack does not fall under the category of commercial quantity. 5 . Mr. Chitrarth Kandpal, 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. 8 . Having considered the submissions of learned counsel for both the parties and in the facts and 2 2025:UHC:11318 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 – Firoz 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: 17.12.2025 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=6f1c15b6305912b3f008e9a4a8038ee732 6b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32D E6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.12.17 18:37:50 +05'30'