Baru vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant is in judicial custody for the offence punishable under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.446 of 2025, registered at Police Station Bhagwanpur, District Haridwar.

According to the First Information Report dated 21.12.2025, on 20.12.2025, the applicant was apprehended on suspicion at around 20:37 hrs. The police recovered 218 gm. charas from a polythene bag held in his hand. Thereafter, he was searched by the police. He was arrested at 21:20 hrs.

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

Mr. Gaurav Singh, Advocate, contended that the applicant is innocent. He has no criminal antecedents. The alleged charas was not 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. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered charas does not fall under the category of commercial quantity.

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

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 gm of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23).

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 – Baru 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.