High Court · 2025

H o n ' b l e Ra k e sh Th a p l i y a l , J. 1. Mr. G.C. and Mr. Lakhchaura Dushyant Mainali, learned counsel for t he applicant . 2. Mr. Sandeep Shar m a, learned A.G.A. for t he St at e. Present applicant Rahul Das, S/ o Sr i 3. Gangadas is praying for bail in relat ion t o FI R dat ed 16.12.2024, bearing FI R No. 0351 of 2024, regist ered at P.S. Transit Cam p, Dist rict Udham Singh Nagar wher ein t he present applicant has been im plicat ed t he offences punishable under Sect ion 8/ 20/ 60 of t he NDPS Act . I t is argued by t he learned counsel 4. t he applicant languishing in j ail since 15.12.2024, and char ge sheet has already been filed on 25.05.2025. He t hat alleged cont raband which is show n t o be recover ed is com m er cial one, i.e., 2kg 55 gm , however, is no subst ant ial com pliance of Sect ion 52A of t he NDPS Act , since, invent ory was not pr operly cert ified by t he Magist rat e concer ned, as only endorsem ent of seen has been put t her eon, reasonable grounds t hat t he applicant is not involved in said offence. He furt her argued t hat in t he count er affidavit t her e is a disclosure of eight pr evious cases against t he present applicant , but , as per inst r uct ions, previous case against which he is already bailed out . He furt her t he co- accused, argued nam ely, Nandan Singh Bisht has already been enlar ged on bail on 16.05.2025. He furt her com pliance of Sect ion 52 A of t he NDPS Act is not fat al and will not vit iat e t he t rial t here ar e only t hat one of t he applicant subm it s t hough such, t her e t her e and, t hat t he t his t hat t aking is concer ned, is bailed out t he applicant and languishing j unct ur e, period t he applicant , t her e but t his aspect can be looked int o while considering t he bail applicat ion. So far as crim inal hist ory learned counsel subm it s t hat in all t he pr evious case t he applicant is already bailed out , int o t her efore, at considerat ion t he incarcerat ion of applicant possibilit y t hat he will indulge in any such t his furt her ar gued act ivit y. He Court grant s bail t o t he applicant som e st ringent condit ion can be im posed. t he ot her side, Mr. Sharm a, 5. On learned A.G.A. have not disput ed t his fact t hat charge sheet has alr eady been filed, and, as such, t her e is no need of cust odial t he int errogat ion of present applicant j ail since 15.12.2024, and he has also not disput ed t his fact t hat ot her co- accused has already been enlarged on bail on by t his Court and also fairly subm it s t hat t he invent ory so pr epared, was cert ified by t he Magist rat e concerned by put t ing an endorsem ent of seen. He also ar gued t hat t he non com pliance of Sect ion 52A of NDPS Act will not vit iat e t he t rial. 6. Aft er hearing t he argum ent s of t he learned counsel for t he part ies and t aking int o considerat ion t hat charge sheet has already been filed and t he applicant is languishing in j ail since 15.12.2024 and undisput edly t he invent ory was cert ified by t he Magist rat e concerned by put t ing an endorsem ent of seen and ot her co- accused has already been enlar ged on bail by t his Court , t his Court is of t he view t hat since t win condit ions as st ipulat ed under Sect ion 37 of t he NDPS Act has been com plied wit h, t his Court is of t he view t hat t he applicant deserves for bail. 7. Accordingly, wit hout ex pressing any opinion on t he m erit of t he case, t he bail applicat ion is allowed. t he applicant “ Rahul Das” be 8. released on bail on his execut ing a Let t o t he like am ount per sonal bond and fur nishing t wo reliable sur et ies of t he sat isfact ion of t he court concerned. 9. I t is m ade clear t hat aft er being release on bail t he applicant shall report t o t he near est police st at ion in every m ont h and he will also pr ovide his m obile num ber and t he concer ned S.H.O. shall record his presence .I t is fur t her m ade clear t hat t he applicant j oin proceeding on each and every dat e wit hout seeking unnecessary adj our nm ent and, sim ult aneously, direct ed t o proceed and conclude t he t rial wit hout t he observat ions as m ade above. influenced wit h t rial court t rial t he t he ( Ra k e sh Th a p l i y a l , J.) 2 4 .0 9 .2 0 2 5 Parul