Pankaj Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant- Pankaj Sharma 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.591 of 2025, registered at Kotwali Jawalapur, District Haridwar.

According to the First Information Report, on 09.10.2025, the applicant was apprehended by the police on suspicion. The police recovered 3.939 kg ganja from the bags of the applicant. He was arrested.

Heard Mrs. Prabha Naithani, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.

Mrs. Prabha Naithani, Advocate, contended that the applicant has been implicated by the police. The said ganja was not recovered from his possession. The alleged recovery was false. There is no independent witness to substantiate the police story. This fact also makes the story of police doubtful. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the alleged recovered ganja is less than commercial quantity.

Mrs. Rangoli Purohit, 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, 1000 gm. 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.

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 – Pankaj Sharma 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.