Sukhdev Singh vs State Of Uttarakhand

Alok Mahra, J

Applicant Sukhdev Singh, who is in judicial custody in connection with FIR/Case Crime No. 575 of 2025, under Sections 8/20/60 of NDPS Act, registered at P.S. Kotwali Nagar Haridwar, District Haridwar, has sought his release on bail.

Heard learned counsel for the parties and perused the record.

As per the prosecution case, at about 1:40 AM on 24.08.2025, the police party apprehended the accused Sukhdev Singh, who was present in his car near the HRDA fields, Haridwar. On inquiry, the accused appeared nervous and gave evasive replies. Due to suspicion, the police conducted a search of the vehicle, during which 3. 1.15 kg of charas was allegedly recovered from his possession.

Learned counsel for the applicant submits that the applicant was arrested on the spot; that he has no criminal history; that, he is in custody since 24.08.2025; and that, he is the only male member of his family, having three children to support. It is further submitted that there is no eyewitness to the incident and there is no likelihood of tampering with the evidence.

Per contra, learned State Counsel has opposed the bail application and submits that the contraband recovered falls within the category of commercial quantity, therefore the bar under Section 37 of the NDPS Act applies.

Having considered the rival submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case pending before the Trial Court, this Court is of the considered view that, in view of the recovery of commercial quantity of contraband, the applicant does not deserve to be enlarged on bail at this stage.

Accordingly, the bail application is rejected.