High Court · 2025

BA 1 / 6 4 6 / 2 0 2 5 H o n ' b l e Ra k e sh Th a p l i y a l , J. 1. Mr. Saurabh Kum ar Pandey, lear ned counsel for t he applicant . 2. Mr. Siddhart h Bisht , lear ned A.G.A. for t he St at e. Present applicant – Dev Singh, S/ o 3. Narayan Singh is praying relat ion t o FI R dat ed 31.01.2025, bearing FI R No. 0003 of 2025, regist ered at P.S. Mukt eshwar Dist rict Nainit al wher ein t he present applicant has been im plicat ed for t he offences punishable under Sect ions 8/ 20 of t he NDPS Act for recovery of 1.229 kg of charas. 4. t he applicant subm it s t hat t he applicant is innocent and has been t he alleged recovery as shown is wit h regard t o t he com m ercial quant it y of charas, i.e., 1.229 kg but is no subst ant ial com pliance of Sect ion 52A of t he NDPS Act . He subm it s t hat in t his case count er was called and in t he count er affidavit invent ory is enclosed on perusal of which it appears t hat t he invent ory so pr epar ed was not in t he prescribed For m - 4 under 2022 Rules. Since t her e is no disclosur e t he cont raband recover ed in t he invent ory, and not only t his even t he invent ory was not properly cert ified by t he Magist rat e since in t he is an endorsem ent of invent ory t he t hat neit her ‘seen’. He subm it s invent ory was prepared in t he pr escribed form 4 nor t he Magist rat e concer ned wit h due applicat ion of m ind w hich it self reveals t hat t her e is no com pliance of Sect ion 52A of t he NDPS Act . He furt her subm it s t hat t hough non com pliance of Sect ion 52A of t he NDPS Act is not fat al and will not vit iat e t he t r ial but it was cert ified by t he det ails of t here t her e int o t his t hat looked hist ory crim inal t he applicant is no proper cert ificat ion by t his aspect can be considering bail. He subm it s t hat since t her e is no disclosure about t he recovered it em in t he invent ory report and furt her t he t her e Magist rat e concer ned, t her efore, t here are reasonable grounds t hat t he applicant is not involved in t he said crim e. Apart from t his, he subm it s t hat t he applicant has no previous languishing in j ail since 10.02.2025. 5. On t he ot her side, Mr. Siddhart h Bisht , lear ned A.G.A. for t he St at e have not disput ed t his fact t hat t he t her e is no disclosure about t he cont raband which was recover ed t he invent ory and furt her m ore in t he invent ory t her e is an endor sem ent of ‘seen’ by t he Magist rat e but t here is no separat e order of cert ificat ion of t he invent ory. He has also not disput ed t he applicant has no crim inal hist ory. He furt her subm it s t hat t he applicant does not deserve for bail in t er m s of Sect ion 37 of t he NDPS Act since t he alleged cont raband com m ercial one, and non com pliance of Sect ion 52A of t he NDPS Act is fat al and will not vit iat e t he t rial. Aft er hearing t he argum ent s of t he 6. learned counsel for t he part ies and t aking t he int o considerat ion t he t he invent ory so pr epar ed prescribed Form - 4 under 2022 Rules and t her e t he Magist rat e concer ned and t his aspect can be looked int o w hile considering t he bail. Ther efore, since, t her e is no subst ant ial com pliance of Sect ion 52A of t he NDPS Act , t her efore, t his Court is of t he view t hat t here are r easonable grounds t hat t he t he said applicant offence. Apart fr om t his, adm it t edly t he applicant has no previous crim inal hist ory, t her efore, if t he applicant is enlar ged on bail t hen t here is no such possibilit y t hat he will m isuse t he bail. I n view of t he is no proper cert ificat ion by is not is shown t hat recover ed involved is not t o be above, t win discussions condit ions, as st ipulat ed under Sect ion 37 t he NDPS Act , ar e com plied wit h, t her efore, t his court is of t he view t hat t he t he applicant deserves for bail. 8. Accordingly, wit hout expressing any opinion on t he m erit of t he case, t he inst ant bail applicat ion is allowed. 9. Let t he applicant , nam ely, Dev Singh be released on bail, on his execut ing a per sonal bond and fur nishing t wo reliable sur et ies, each in t he like am ount , t o t he sat isfact ion of t he court concerned. ( Ra k e sh Th a p l i y a l , J.) 0 8 .0 8 .2 0 2 5 Parul