Alok Kumar Verma, J
1. The applicant Talib 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.820 of 2025, registered at Kotwali Manglaur, District Haridwar.
2. According to the First Information Report dated 30.12.2025, the applicant was apprehended by the police after being seen in the forest. He was searched by the police. The police recovered 10.13 gm. of smack kept in a polythene packet from his left pant pocket. He was arrested at 18:55 hrs.
3. Heard Mr. Akshay Pradhan, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for respondent.
4. Mr. Akshay Pradhan, Advocate, has submitted that the applicant has been falsely implicated by the police. The alleged smack was not recovered from his possession. The alleged recovery was planted. The mandatory provision of Section 50 of the Act, 1985 was not followed. There was no independent witness at the time of the alleged recovery. Applicant is not a convicted person. 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. Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application orally.
6. As per the Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of heroin (smack) 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.
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 - Talib 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.
