Bittu vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant is in judicial custody for the offence under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.647 of 2025, registered at Police Station Manglaur, District Haridwar.

According to the First Information Report dated 24.09.2025, the police apprehended the applicant and recovered 259.02 gm. charas from his possession.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for respondent.

Mr. Mohd. Safdar, Advocate contended that the applicant has been falsely implicated by the police. The alleged contraband was not recovered from his possession. The alleged recovery was false. There was no independent witness at the time of the alleged recovery. This fact also makes the story of the police doubtful. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He is not a convicted person. The quantity of the alleged recovered contraband does not fall within the category of the commercial quantity.

Mr. Chitrarth Kandpal, Brief Holder has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 gm of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23).

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.

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.

The Bail Application is allowed.

Let the applicant – Bittu 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.