Harish Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant- Harish Singh is in judicial custody for the offence punishable under Section 8 read with Section 20 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.252 of 2025, registered at Police Station Haldwani, District Nainital.

According to the First Information Report dated 25.07.2025, the applicant was apprehended by the police who was in a car. Seeing the police, the applicant tried to throw some articles. The police snatched the polythene from him. Charas was found in that polythene. The recovered Charas was weighed by the police. The weight of the recovered Charas was found to be 419 gm. The applicant was arrested.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.

Mr. Lalit Sharma, Advocate, contended that the applicant has been falsely implicated by the police. The alleged charas was not recovered from his possession. The said recovery was planted. There was no independent witness at the time of the alleged recovery from the possession of the applicant. This fact also supports the submissions of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. The quantity of the alleged recovered contraband does not fall under the category of the commercial quantity, and, the applicant is in custody since 25.07.2025.

Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the bail application.

As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 100 gm. of charas is small quantity and greater than 1 kg. 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 – Harish Singh 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.