Uttarakhand HC Grants Bail To Man Accused Of Carrying 18.5g Smack, Citing Four Months In Custody And No Prior NDPS Record

Ankush sought bail while in judicial custody in connection with FIR/Case Crime No. 131 of 2026, registered at Police Station Kaliyar, Haridwar, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

The prosecution alleged that 18.50 grams of smack was recovered from a polythene bag he was carrying during routine checking.

The applicant challenged the search procedure, including the absence of an independent witness and alleged non-compliance with Sections 42, 43 and 50 of the NDPS Act.

He also relied on the quantity being below commercial quantity, his custody since 21 June 2026, lack of prior NDPS history, and the likely delay in trial.

The State opposed bail but did not dispute his custody or lack of prior NDPS history.

The case arose under Sections 8/21 of the NDPS Act, and the applicant’s procedural objections concerned Sections 42, 43 and 50 of that Act.

The Court considered the nature of the allegations, quantity of contraband, circumstances of recovery, period of incarceration, and absence of prior NDPS history in deciding whether to grant bail.

The order cites no precedent or separate statutory bail test; it expressly leaves the objections concerning search-and-seizure compliance for examination at the appropriate stage.

The Court considered the alleged quantity, which the applicant submitted was below commercial quantity, alongside his custody since 21 June 2026, lack of prior NDPS history, and the anticipated delay in trial.

Although the applicant disputed compliance with statutory safeguards, the Court did not decide those objections on their merits, stating that they would be examined at the appropriate stage.

On the overall facts and circumstances, it found that the applicant had made out a case for bail.

It directed the applicant to execute a personal bond and provide two reliable sureties; prohibited him from leaving India without prior court permission; required cooperation with the investigation; barred tampering with evidence or witnesses and further criminal activity; and directed surrender of any passport.

Bail is liable to be cancelled for breach of these conditions or misuse of liberty.