Sunita Vishwas vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant Smt. Sunita Vishwas 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.335 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar.

According to the First Information Report dated 28.09.2025, all around the applicant’s house was searched by the police. The police recovered 4.850 kg. Ganja in a plastic bag from under a lychee tree. She was arrested.

Heard Mr. G.D. Joshi, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent.

Mr. G.D. Joshi, Advocate, contended that the applicant, aged about 60 years, has been falsely implicated by the police. The alleged ganja was not recovered from the exclusive possession or conscious control of the applicant. The place shown by the police is an open public path accessible to other persons. She has no criminal antecedents. She is a permanent resident of District Udham Singh Nagar, and the alleged recovered ganja does not fall under the category of the commercial quantity.

Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the bail application orally.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2 (vii-a) of the Act, 1985, 1000 gm. of Ganja is small quantity and greater than 20 Kg. is the commercial quantity (Entry No.55).

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 – Smt. Sunita Vishwas be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.