Shadab vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant-Shadab is in judicial custody for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.617 of 2025, registered at Police Station Patel Nagar, District Dehradun.

According to the First Information Report, on 18.11.2025, the applicant was apprehended by the police on suspicion. He was searched by them. The police recovered 152 gm. smack from a polythene bag kept in the right pocket of his jacket. He was arrested at 01:45 hrs.

Heard Mr. Siddhartha Tomar, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent.

Mr. Siddhartha Tomar, Advocate, submitted that the police has implicated the applicant. The alleged recovery is false. The mandatory provision of Section 50 of the Act, 1985 was not followed. There was no independent witness at the time of the alleged recovery. This fact also makes the story of the police doubtful. Applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding, and, the quantity of the alleged recovered contraband is less than commercial quantity.

Mr. Akshay Latwal, Assistant Government Advocate 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.

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 – Shadab 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.