Juber vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant - Juber 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.324 of 2025, registered at Police Station SIDCUL, District Haridwar.

On suspicion, the applicant was apprehended by the police on 01.07.2025. The police recovered 3. 186 kg. ganja from his bag. He was arrested.

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 has been falsely implicated by the police. The alleged ganja was not recovered from his possession. The said recovery was planted. Applicant is an innocent person. There was no independent witness at the time of the alleged recovery. This fact also supports the submissions of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Shamli, Uttar Pradesh, therefore, there is no possibility of his absconding, and, the alleged recovered ganja is less than the commercial quantity.

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

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2 (vii-a) of the Act, 1985, 1000 gm. of Ganja is small quantity and greater than 20 Kg. is the commercial quantity (Entry No.55).

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. There is nothing on record to indicate that the applicant had earlier been involved in any unacceptable activities.

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 – Juber 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.