Malkit vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Malkit 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.805 of 2025, registered at Kotwali Haridwar, District Haridwar.

According to the First Information Report dated 09.12.2025, the applicant was coming on a bike. He tried to run away upon seeing the police and throw a packet from the right pocket of his jeans. The police recovered 40.40 gm smack from the said packet, which was holding in his hand. He was arrested at 19:15 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 nothing was recovered from the possession of the applicant. There was no independent witness at the time of the alleged recovery. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the quantity of the alleged recovered smack is less than commercial quantity.

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

As per the 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 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 – Malkit 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.