Mahendra Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Mahendra Singh 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 the First Information Report No.258 of 2025, registered at Police Station Gadarpur, District Udham Singh Nagar.

According to the First Information Report dated 12.09.2025, the police apprehended the applicant on 11.09.2025. He was searched. The police recovered 30 gm Smack from his possession.

Heard Ms. Rajni Rangwal, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Ms. Rajni Rangwal, Advocate, contended that the applicant has been falsely implicated by the police. The alleged smack was not recovered from his possession. The said recovery was planted. There was no independent witness of the alleged recovery from the possession of the applicant. This fact also makes the story of the police doubtful. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, 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, applicant is in judicial custody since 12.09.2025.

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

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).

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 – Mahendra 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.