Kunal Pandey vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Kunal Pandey 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.489 of 2025, registered at Police Station Kashipur, District Udham Singh Nagar.

According to the First Information Report, on 04.12.2025, the applicant and two others were going on a motorcycle (UK18T9838). Sacks were kept on the said motorcycle. The police apprehended them at 23:28 hrs. The police recovered 5.590 kg. ganja from the sack of the present applicant. The police recovered 6.200 kg. ganja from the co-accused Jeevan Kumar. Applicant was arrested at 00:25 hrs.

Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Abhishek Verma, Advocate, contended that the applicant is innocent. He was not involved in the said offence. The alleged ganja was not recovered from his possession. The alleged recovery was false. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. The co-accused Jeevan Kumar has been granted regular bail by this Court, and, the quantity of the alleged recovered ganja is less than 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 grams 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 – Kunal Pandey 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.