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Judgment
Alok Kumar Verma, J
The applicant is in judicial custody for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, Act, 1985 ) in Case Crime No.49 of 2025, registered at Police Station Buggawala, District Haridwar.
According to the First Information Report dated 12.09.2025, the police apprehended the applicant. On suspicion, he was searched. The police recovered 5.20 gm. smack from his possession. He was arrested.
Heard Mr. Alok Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.
Mr. Alok Kumar, Advocate contended that the applicant has been falsely implicated by the police. The alleged smack was not recovered from his possession. The alleged recovery was false. There was no independent witness of the alleged recovery. This fact also makes the story of the police doubtful. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the quantity of the alleged recovered contraband does not fall under the category of the commercial quantity.
Mr. Pradeep Lohani, 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 5 gm of smack (Heroin) is small quantity and greater than 250 gm of smack 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 Musleen alias Mana 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.