Tayseem Khan vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant – Tayseem Khan is in judicial custody for the offence punishable under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”) in Case Crime No.343 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar.

According to the First Information Report, on 08.10.2025, the applicant was standing near a boundary of Inter College. He was apprehended by the police on suspicion. He was searched. The police recovered 25.34 gm. smack from the left pocket of his jeans, which was kept in a polythene packet. He was arrested at 01:25 a.m.

Heard Mr. Anoop Jaiswal, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for respondent.

Mr. Anoop Jaiswal, Advocate, contended that the applicant has been falsely implicated by the police. The alleged smack was not recovered from his possession. The alleged recovery was false. There was no independent witness at the time of the alleged recovery from the possession of the applicant. This fact also supports the submission of the applicant. The mandatory provision of Section 50 of the Act, 1985 was not followed. Applicant has not been convicted by any Court. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, the quantity of the alleged smack is less than commercial quantity.

Mrs. Rangoli Purohit, 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, 5 gm of heroin (smack) 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 or trial 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 – Tayseem Khan 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.