Alok Kumar Verma, J
1. The applicant-Sachin is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "Act, 1985") in Case Crime No.812 of 2025, registered at Police Station Manglaur, District Haridwar.
2. According to the First Information Report dated 27.12.2025, the applicant was apprehended by the police on suspicion. Seeing the police, he tried to throw something from the right pocket of his jacket. The police saw a polythene packet in the fist of his right hand. He was searched by them. The police recovered 5.35 gm. smack from the said polythene packet. He was arrested at 13.20 hrs.
3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.
4. Mr. Gaurav Singh, Advocate, contended that the applicant is innocent. He was falsely implicated by the police. The alleged smack was not recovered from the possession of the applicant. There was no independent witness at the time of the alleged recovery. This fact also makes the story of the police doubtful. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the quantity of the alleged recovered contraband is less than commercial quantity.
5. Mrs. Rangoli Purohit, Brief Holder has opposed the bail application orally.
6. As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 gm of smack (Heroin) is small quantity and greater than 250 gm of smack 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.
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 - Sachin 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.
