High Court · 2025

learned Senior 1. Mr. M.S. Pal, Advocat e by Mr. Pankaj Goswam i and Mr. Deepak Chandra, learned counsel for t he applicant . 2. Mr. Vij ay Khanduri, learned Brief Holder for t he St at e. 3. This is t hird bail applicat ion m oved on behalf of t he applicant Suraj Prakash, S/ o Mohan Singh reference t o FI R dat ed 06.01.2025, bearing FI R No. 0004 of 2025, Police St at ion Chorgaliya, Dist rict Nainit al wherein t he present applicant along wit h t wo ot her persons, nam ely, Virender Singh Bisht and Moham m ad Sariq Ansari have been im plicat ed for t he offences punishable under Sect ions 8/ 20/ 60 of t he NDPS Act . 4. First bail applicat ion was dism issed as wit hdrawn on 04.02.2025 whereas second bail applicat ion was dism issed on 19.05.2025. 5. Learned counsel for t he applicant argued t hat t he applicant is innocent and has been falsely im plicat ed. He furt her subm it s t he cont raband ( charas) which is shown t o be recovered from t he present applicant t hough com m ercial quant it y but , is no t here fact , subst ant ial com pliance of Sect ion 52A of t he NDPS Act . Apart t his, he subm it s t hat t hough t he invent ory was prepared but it was not cert ified by t he in proper m anner since, Magist rat e Magist rat e cert ified it by put t ing an endorsem ent of seen. Apart from t his, he argued t hat even t he invent ory has not been prepared in t he prescribed form 4 t hat t hem were is already bailed out . He under Rule 8 of 2022 Rules. Apart from t his, learned counsel for t he applicant subm it s t hat applicant has a crim inal hist ory of four cases out of which t wo cases relat es t o t he NDPS Act in which furt her subm it s t hat ot her t wo co- accused have already been enlarged on bail, t hough, t o be cont raband which was shown recovered com m ercial quant it y. He furt her subm it s t hat charge sheet has already been filed, as such, t here is no need of cust odial int errogat ion of t he present applicant and t he applicant is languishing in j ail since 07.01.2025. He finally concluded his argum ent by subm it t ing t hat since is no subst ant ial com pliance of t here Sect ion 52A of t he NDPS Act , and, t hough, non com pliance t hereof will not vit iat e t he t rial but t his aspect can been looked int o while considering t he bail applicat ion. 6. On t he ot her side, Mr. Vij ay Khanduri learned Brief Holder for t he is proper St at e subm it s subst ant ial com pliance of Sect ion 52A of t he NDPS Act since invent ory was prepared and cert ified by t he Magist rat e concerned, however, he has not disput ed t hat while cert ifying t he invent ory t he Magist rat e concerned endorsem ent of seen on t he sam e. Wit h regard t o crim inal hist ory, he has not disput ed t hat t he applicant has a crim inal hist ory of four cases out of which t wo cases relat es t o t he NDPS Act in which he is bailed out . 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 rial and t he applicant does not deserve for bail in view of Sect ion 37 t he Act since alleged cont raband t o be com m ercial one. 7. Aft er hearing t he argum ent s of t he is shown recovered t here t hat t aking looked t herefore, int o considerat ion t he part ies and learned counsel furt her t hat t hough t he invent ory was prepared but t he sam e was cert ified by t he Magist rat e concerned by put t ing an endorsem ent of seen which clearly reveals t hat t here is no proper subst ant ial com pliance of Sect ion 52 A of t he Act t hough it is not fat al and will not vit iat e t he t rial but t his int o while aspect can considering t he bail applicat ion. Apart from t his, adm it t edly in t his case charge sheet has already been filed and ot her t wo co- accused have already been far as crim inal enlarged on bail. So hist ory t he previous is concerned, cases applicant is already bailed out and in present case he is languishing in j ail since 07.01.2025, and, since t he charge sheet has been filed, as such, t here is no need of cust odial int errogat ion of t he applicant , event ualit y t his Court is of t he view t hat t win condit ions as st ipulat ed under Sect ion 37 of t he NDPS Act are com plied wit h, first ly on t he ground t hat invent ory was prepared but was not properly cert ified by t he concerned Magist rat e and crim inal furt her ant ecedent and in all of t hem he is bailed out , enlarged on bail t here is no possibilit y t hat he will indulge in any such act ivit y t win condit ions as st ipulat ed under Sect ion 37 of t he NDPS Act are com plied wit h, t his Court is of t he view t hat t he applicant deserves for bail. 8. Accordingly, wit hout expressing any opinion on t he m erit s of t he case, t he bail applicat ion is allowed. 9. Let t he applicant Suraj Prakash be released on bail on his execut ing a personal bond and furnishing t wo reliable suret ies of t he t o sat isfact ion of t he court concerned. fut ure. Since, t he applicant like am ount t herefore, applicant t he a I t is m ade clear t hat aft er being 10. released on bail if t he applicant is found indulge in any such act ivit y t he t rial court is free t o t ake im m ediat e act ion against including cancellat ion of bail. I t is furt her m ade clear t hat t he t rial court m ay proceed and conclude t rial w it hout being influence wit h t he observat ions as m ade above. applicant t he t he Parul ( Ra k e sh Th a p l i y a l , J.) 1 7 .0 9 .2 0 2 5