Alok Kumar Verma, J
1. 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.646 of 2025, registered at Police Station Manglaur, District Haridwar.
2. According to the First Information Report dated 23.09.2025, the police apprehended the applicant and recovered 15.05 gm. smack from his possession.
3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.
4. Mr. Gaurav Singh, Advocate contended that the applicant is an innocent person. He has been falsely implicated by the police. Nothing was recovered from his possession. There was no independent witness at the time of the alleged recovery. This fact also supports the submission of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. The alleged recovered contraband does not fall under the category of the commercial quantity.
5. Mr. Pradeep Lohani, Brief Holder has opposed the bail application orally.
6. As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of smack (heroin) is small quantity and greater than 250 gm is commercial quantity (Entry No.56).
7. 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.
8. 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.
9. The Bail Application is allowed.
10. Let the applicant – Ahatsham alias Fitan 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.
