Sher Mohammad vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant- Sher Mohammad is in judicial custody for the offence punishable under Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Case Crime No.504 of 2024, registered at Police Station Bazpur, District Udham Singh Nagar.

According to the First Information Report dated 06.12.2024, the police recovered tramadol injections and alprazolam tablets from Noori Medical Store on 05.12.2024. The recovered psychotropic substances fall under commercial quantity. Applicant was present inside Noori Medical Store at the time of the said recovery. He was arrested because he was an employee in the said Store.

An affidavit dated 10.10.2025, filed by the Investigating Officer, is taken on record.

Heard Mrs. Prabha Naithani, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent.

Mrs. Prabha Naithani, Advocate, contended that Noori Medical Store belonged to the co-accused. The name of the daughter of co-accused is Noori. Applicant was present at Noori Medical Store but he was not an employee in the said Medical Store. He had no concern with the said Medical Store. He has no criminal history. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no possibility of his absconding, and, he is in custody since 05.12.2024.

Mr. Akshay Latwal, Assistant Government Advocate, has opposed the bail application. He submitted that the applicant had admitted in his confessional statement that he is an employee in the said Medical Store. However, no other evidence is available other than the confessional statement of the applicant to show that the applicant was an employee of Noori Medical Store.

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 – Sher Mohammad 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.