Nishan Singh vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Nishan 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 Case Crime No.307 of 2025, registered at Police Station Khatima, District Udham Singh Nagar.

According to the First Information Report dated 26.10.2025, the applicant was coming on a motorcycle (Registration No.UK06BC7965). Seeing the police, he tried to run away. He was apprehended. The police recovered 09.04 gm smack from his possession. He was searched by the police. He was arrested at 16:50 hrs.

Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

Mr. Mani Kumar, Advocate, contended that the applicant has been implicated by the police. The alleged smack was not recovered from his possession. There was no independent witness at the time of the alleged recovery, therefore, the alleged recovery is doubtful. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, the alleged recovered smack is less than commercial quantity.

Mr. Deepak Bhardwaj, learned 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, 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 – Nishan Singh 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.