No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1603 of 2025 Hon’ble Alok Mahra, J. Mr. Vinod Sharma and Mr. Kamlesh Budhlakoti, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned D.A.G. for the State. 3. The applicant – Naresh, who is in judicial custody in connection with Case Crime/FIR No. 03 of 2025, under Section 8 and 20 of NDPS Act, 1985, registered at P.S.- Kotwali, District Uttarkashi, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, an FIR was lodged on 04.01.2025 at 06:13 p.m and the applicant was apprehended on the same day at 02:05 p.m on the basis of the alleged recovery of 1.701 gm charas. 6. Learned counsel for the applicant would submit that as per the FIR, the inventory and recovery memo was prepared on the spot, but, the arrest memo contains the number of FIR. Learned counsel for the applicant further submits that no inventory report was prepared as prescribed under Section 52A of the NDPS Act inasmuch as the concerned Magistrate has not certified the inventory issuing a certificate of preparation of the inventory; and that applicant is in jail since 04.01.2025, and, that though there are previous criminal antecedents of the applicant, but, the applicant has not been convicted in any of the case. 7. Per contra, learned State Counsel vehemently opposed the bail application and would submit that the applicant is a habitual offender having other cases of similar nature registered against him. 8. Sub-section (2) of Section 52A of the NDPS Act mandates a competent officer to prepare an inventory of such narcotic drugs with adequate particulars. This has to be followed through an appropriate application to the Magistrate concerned for the purpose of certifying the correctness of inventory, taking relevant photographs in his presence and certifying them as true or taking drawal of samples in his presence with due certification, but, as such, no inventory report was prepared as prescribed under Section 52A of the NDPS Act inasmuch as the concerned Magistrate has not certified the inventory issuing a certificate of preparation of the inventory. 9. Having considered the submissions of learned counsel for the parties and also considering the fact that no inventory report was prepared as prescribed under Section 52- A of the NDPS Act, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 10. Accordingly, the present bail application is allowed. 11. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned, subject the following conditions:- i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court. 12. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail. (Alok Mahra J.) 15.10.2025 Ujjwal