Aniket Chauhan vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant 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. 1269 of 2025, registered at Kotwali Laksar, District Haridwar.

According to the First Information Report, on 10.12.2025, the police saw the applicant. Applicant tried to throw a polythene after seeing the police. He was searched. The police recovered 11 gm. smack from his polythene. He was arrested at 23:25 hrs.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.

Mr. Gaurav Singh, Advocate, contended that the applicant is innocent. The alleged smack was not recovered from his possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery from the applicant. This fact 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 alleged recovered contraband is less than commercial quantity.

Mr. Pradeep Lohani, Brief Holder, has opposed the bail application orally.

As per Table prepared in terms of Section 2 (xxiii-a) and Section 2 (vii-a) of the Act, 1985, 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity (Entry No.56).

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.

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–Aniket Chauhan 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.