Neeraj Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant – Neeraj Kumar is in judicial custody for the offence punishable under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.222 of 2025, registered at Police Station Mukhani, District Nainital.

According to the First Information Report, on suspicion, the applicant was apprehended by the police on 25.09.2025. He was searched. The police recovered 353 gm. charas from his bag. He was arrested.

Heard Mr. Abhishek Joshi, learned counsel for the applicant and Mr. Pankaj Joshi, learned Assistant Government Advocate for respondent.

Mr. Abhishek Joshi, Advocate, for the applicant submitted that the said charas was not recovered from the possession of the applicant. The said recovery was planted. There was no independent witness at the time of the alleged recovery from the applicant. This fact also supports the submission of the applicant. Applicant is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He has no criminal antecedents, and, the alleged recovered contraband is less than commercial quantity.

Mr. Pankaj Joshi, Assistant Government Advocate, 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, 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. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

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 – Neeraj Kumar 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.