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(2025) Law Today Live Doc. Id. 20464 = 2025:UHC:8238
Decided on: 16.09.2025
Counsel for the Applicant:
Mr. Mani Kumar, Advocate
Counsel for the Respondent:
Mr. Pradeep Lohani, Brief Holder
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 2 (xxiii-a), 2 (vii-a), 8, 21, 29 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – NDPS – Regular bail -- Applicant was sitting on a cot in a hut -- Police recovered 24.10 gm. smack (heroin) in the polythene from the spot -- Applicant fled from the spot -- FIR registered on 17.07.2025 and the applicant surrendered before the Magistrate on 02.08.2025 -- 5 gm of heroin is small quantity and greater than 250 gm is commercial quantity -- Object of keeping the accused in detention during the investigation is not punishment -- Main purpose is manifestly to secure the attendance of the accused – Bail allowed.
(Para 2-9)
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ALOK KUMAR VERMA, J. –
The applicant - Paramjeet Singh is in judicial custody for the offence 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.204 of 2025, registered at Police Station Gadarpur, District Udham Singh Nagar.
2. According to the respondent, on 16.07.2025, the applicant was sitting on a cot in a hut. Seeing the police, he tried to run away. Police recovered 24.10 gm. smack (heroin) in the polythene from the spot. The applicant fled from the spot with the help of the persons present at the spot. The First Information Report has been registered on 17.07.2025. The applicant surrendered before the Magistrate on 02.08.2025.
3. Heard Mr. Mani Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for respondent.
4. Mr. Mani Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged narcotic contraband was not recovered from his possession. The said recovery was planted. The alleged contraband is below than commercial quantity. Applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding, and, he is in judicial custody since 02.08.2025.
5. Mr. Pradeep Lohani, Brief Holder, has opposed the bail application orally.
6. 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).
7. 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.
8. 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.
9. The Bail Application is allowed.
10. Let the applicant – Paramjeet Singh 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.
Application allowed.
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