Sandeep Kumar Alias Pinku vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant- Sandeep Kumar alias Pinku is in judicial custody for the offence punishable under Section 8 read with Section 21 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No. 102 of 2025, registered at Police Station Pithoragarh, District Pithoragarh.

According to the First Information Report dated 24.08.2025, the applicant was apprehended by the police on suspicion. He was searched. The police recovered 12.51 gm heroin from his personal search. He was arrested.

Heard Mr. Mani Kumar, learned counsel holding brief of Mr. Manoj Bhatt, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.

Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated by the police in the present matter. The alleged heroin was not recovered from his possession. The said recovery was planted. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is not a convicted person. He is a permanent resident of District Pithoragarh, therefore, there is no possibility of his absconding, and, the alleged recovered contraband is less than commercial quantity.

Mr. Pratiroop Pandey, learned 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, 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 – Sandeep Kumar alias Pinku 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.