Baljeet Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant Baljeet Singh is in judicial custody for the offence under Section 8 read with Section 21 and Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.84 of 2025, registered at Police Station Banbasa, District Champawat.

According to the First Information Report, on 02.09.2025, the police saw the applicant coming on a motorcycle. Seeing the police, he tried to run away. He was apprehended. He was searched. The police recovered 213 gm. smack from a polythene bag kept in the right pocket of his paints. He was arrested at 23:55 hrs.

Heard Mr. Mehboob Rahi, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for respondent.

Mr. Mehboob Rahi, Advocate, submitted that the applicant has been falsely implicated by the police. The alleged smack was not recovered from his possession. The said 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 from the applicant. This fact also makes the story of the police doubtful. Applicant is in custody since 02.09.2025, and, the quantity of the alleged recovered smack is less than commercial quantity.

Mr. Deepak Bhardwaj, Brief Holder, has opposed the bail application.

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 or trial 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 – Baljeet Singh 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.