High Court · 2025

1. Mr. B.M. Pingal and Ms. Sarit a Bisht , learned counsel for t he applicant . 2. Mr. Siddhart h Bisht , lear ned A.G.A. and Mr. Him anshu Sain, learned Brief Holder for t he St at e. Present applicant - Ms. Gur m eet Kaur 3. 02.12.2024, is praying for r egular bail in 01.12.2024 relat ion regist ered as FI R No. 0209 of 2024, at P.S. Nanakm at t a, Dist rict Udham Singh Nagar wher ein t he present applicant has been im plicat ed t he offence punishable under Sect ion 8/ 22 of t he NDPS Act . lear ned is subm it t ed by 4. counsel for t he applicant t hat t he alleged inj ect ions of prohibit ed dr ug, buprenorphine wer e t o t he pr esent applicant recover ed which is com m er cial quant it y. He furt her subm it s t hat 40 inj ect ions of Diazepam wer e also show n t o be recovered w hich is below t he com m er cial quant it y. Apar t from t his, he subm it s t hat t here is no proper com pliance of m andat ory provision of t he NDPS Act , part icularly Sect ion 52 A since t he r eport which has been r ecor d by way of count er placed on affidavit is not cert ified by t he concer ned Magist rat e in a m anner as provided under Sect ion 52 A of t he Act . He subm it s t hat t o be cert ified by t he concer ned Magist rat e is not as per t he m andat e of Sect ion 52A of t he Act , t herefor e, on t his aspect t her e is also a r em ot e chance of convict ion of t he applicant . Apart from t his, learned counsel for 5. t he applicant subm it s t hat t here are t wo invent ory, as shown, invent ory t he t her e t his, he subm it s ot her crim inal case of t he sam e nat ur e against t he present applicant w her ein t he present applicant is already bailed out . He furt her subm it s t hat t he husband of t he applicant is in j ail in relat ion t o t he offence of t he sam e nat ure and t here ar e t wo m inor children and t her e is no one t o look aft er t hem . 6. t hat Apart applicant being a lady and m ot her of t wo childr en is also ent it led t o get benefit of first proviso t o Sect ion 437( 1) ( i) of Cr.P.C., t he corresponding sect ion 480 of BNSS 2023. 7. Lear ned A.G.A. Mr. Siddhart h Bisht opposed t he bail applicat ion by subm it t ing t hat applicant has a crim inal hist ory of ot her t wo cases, he has denied t his fact t hat is no proper com pliance of m andat ory provision of t he NDPS Act . So far as invent ory report is concerned, he subm it s t hat in t his part icular case t he t he invent ory has been cert ified by Magist rat e concer ned by put t ing seal on it cert ified as per t he m andat e of Sect ion 52A of t he NDPS Act . 8. t he applicant raised serious obj ect ion on t he subm ission of t he learned counsel for t he St at e and subm it s t hat t his cert ificat ion is not as per t he m andat e of t he NDPS Act since w hile cert ifying t he invent ory on an applicat ion of t he I .O., t he Trial Court did not apply it s m ind as t her e is no separat e or der for cert ifying t he invent ory report . 9. t he St at e counsel subm it s t he st ringent in view of condit ion as provided under Sect ion 37 of t he NDPS Act since alleged prohibit ed drugs w hich is shown t o be r ecover ed from t he applicant is t he com m er cial quant it y t her efore t he applicant does not deserve for bail. 10. No doubt Sect ion 37 of NDPS Act is a st ringent provision but here in t his case t wo cases of t hough Lear ned t hat t here ar e ot her Lear ned counsel invent ory r eveals it self t hat t he nat ur e against present sim ilar applicant in which she was bailed out and so far as cert ificat ion of t he invent ory is concer ned t hat m ay be a subj ect m at t er of t rial but being house- wife and m ot her of t wo m inor children and w hen her husband is in j ail t his Court is of t he view t hat being t he st ringent condit ion as per a Sect ion 37 of t he NDPS Act can be dispensed wit h at t his st age. 11. Aft er t aking int o considerat ion t he subm issions as advanced by t he learned counsel for t he part ies t his Court is of t he view t hat t he applicant deserves for bail. 12. Accordingly, allowed. Let t he applicant Ms. Gurm eet Kaur be r eleased on bail on her execut ing a personal bond and t wo reliable sur et ies of t he like am ount t o t he sat isfact ion of t he court concerned. 13. I t is m ade clear t hat aft er being released on bail if t he applicant found t o be indulged in any such act ivit ies t hen prosecut ion im m ediat ely inform t his Court as w ell as t he Trial Court . applicat ion fur nishing Parul ( Ra k e sh Th a p l i y a l , J.) 0 9 .0 4 .2 0 2 5