Kulwant Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant Kulwant Singh 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 the First Information Report No. 94 of 2025, registered at Police Station Nanakmatta, District Udham Singh Nagar.

As per the First Information Report dated 10.05.2025, seeing the police, the applicant tried to run away. On suspicion, he was apprehended. He was searched. The police recovered 48 gm. smack (heroin) from a polythene, which was kept in his pocket. He was arrested.

Heard Mr. D.N. Sharma, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for respondent.

Mr. D.N. Sharma, Advocate, submitted that the applicant has been falsely implicated by the police. The alleged recovery was false. The alleged smack was not recovered from the possession of the applicant. The mandatory provisions of Section 50 of the Act, 1985 were not followed. There was no independent witness at the time of the alleged recovery from the possession of the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tempering with the evidence.

Mr. Pratiroop Pandey, Assistant Government Advocate, 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 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 – Kulwant Singh 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.