Monu Alias Sandeep vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Monu alias Sandeep is in judicial custody for the offence under Section 8 read with Section 21 and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.30 of 2025, registered at Police Station Kalsi, District Dehradun.

According to the First Information Report dated 12.12.2025, the applicant was apprehended by the police on suspicion. He was searched by the police. The police recovered 160 gm. smack from the right pocket of his jacket. He was arrested at 21:05 hrs.

Heard Mr. Ankur Sharma, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.

Mr. Ankur Sharma, Advocate, contended that the applicant is an innocent person. The alleged smack was not recovered from the possession of the applicant. 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 has no criminal antecedents. He is a permanent resident of District Kanpur, Uttar Pradesh, therefore, there is no possibility of his absconding. The alleged recovered smack is less than commercial quantity.

Mrs. Sweta Badola Dobhal, Brief Holder has opposed the bail application orally.

As per Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 5 gm of smack (Heroin) is small quantity and greater than 250 gm of smack 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. 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 – Monu alias Sandeep 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.