Satish Chandra Arya And Another vs State Of Uttarakhand

Alok Kumar Verma, J

Applicants are 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.263 of 2025, registered at Police Station Banbhoolpura, District Nainital.

According to the First Information Report, seeing the police on 21.11.2025, the applicants were trying to run away. The police apprehended them on suspicion. They recovered 431 gm. charas from the bag of the applicant no.1-Satish Chandra Arya and 450 gm. charas from the bag of the applicant no.2-Lalit Mohan Arya. They were arrested at 13:51 hrs.

Heard Mr. Karan Singh Dugtal, learned counsel for the applicants and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.

Mr. Karan Singh Dugtal, Advocate, has contended that the applicants have been falsely implicated by the police. The alleged charas was not recovered from the possession of the applicants. The said recoveries were planted. There was no independent witness at the time of the alleged recoveries from the possession of the applicants. These facts also make the story of the police doubtful. Applicants are permanent residents of District Nainital, therefore, there is no possibility of their absconding. Applicants are not convicted persons, and, the alleged recovered contraband are less than commercial quantity.

Mrs. Rangoli Purohit, Brief Holder, has opposed the bail application orally.

As per the Table prepared under Section 2 (xxiii-a) and Section 2 (vii-a) of the said Act, 1985, lesser than 100 gm of charas is small quantity and greater than 01 Kilogram of charas is commercial quantity (Entry No.23).

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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants – Satish Chandra Arya and Lalit Mohan Arya be released on bail on their executing a personal bond and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned.