Rahul Kumar vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant - Rahul Kumar is in judicial custody for the offence punishable 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.293 of 2025, registered at Police Station Doiwala, District Dehradun.

According to the First Information Report, on 13.11.2025, the applicant was coming. Seeing the police, he started walking fast. The police apprehended him on suspicion. The police recovered 105 gm. of heroin from a polythene bag kept in the right pocket of his pants. He was arrested at 13:30 hrs.

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

Mr. Pawan Mishra, Advocate, contended that the applicant has been falsely implicated by the police. The alleged heroin was not recovered from the possession of the applicant. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. This fact makes the story of the police doubtful. 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 Bijnor (Uttar Pradesh), therefore, there is no possibility of his absconding, and, the alleged recovered heroin is less than commercial quantity.

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

As per 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. 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 – Rahul Kumar 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.