2025:UHC:2240 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Bail Application 1st No.1670 of 2024 Rajendra Mewari @ Raju ......Applicant Vs. State of Uttarakhand …..Respondent Presence: Mr. T.P.S. Takuli, learned counsel, for the applicant. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand. Hon’ble Ashish Naithani, J (Oral) The present bail application has been moved on behalf of the applicant, Rajendra Mewari @ Raju, aged 23 years, S/o Sri Dev Singh Mewari, R/o Kalaaagar, Khansyu, Okhalkanda, District Nainital. The applicant is in judicial custody in connection with FIR No.0001 of 2024, registered at Police Station Khansyu, District Nainital, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act. 2. Heard the learned counsels for the parties, and perused the records. 3. According to the FIR, it has been alleged that applicant was transporting the contraband weight about 1,534 grams illegally i.e. charas, at about 19:01 hours when he saw the police, the applicant was turned back for Khansyu and on directing to stop, he started running and the police team has caught the applicant. Consequently, the applicant was arrested by the Police at 20:30 hours. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present matter, and the applicant is languishing in jail since 03.01.2024, who was 19 years at the time of the alleged incident. He further submits that there is no compliance of Section 52 of the Narcotic Drugs and Psychotropic Substances Act; 1 there is no public witness, and the applicant has no previous criminal history. 5. The contention advanced by the learned counsel for the applicant that the so-called inventory has not been certified by the concerned Special Judge (N.D.P.S.), which indicates that after the seizure of the contraband in the present matter, the matter was not placed before the concerned Special Judge (N.D.P.S.), for perusal of the material, and for the sanction of the sample to be taken and sent to the FSL Lab for confirmation of the alleged contraband. Annexure no.2, of the counter affidavit i.e. inventory report has been placed before the learned Additional Sessions Judge/Special Judge (N.D.P.S.) on 03.01.2024. Annexure no.2, submitted on behalf of the State has been notarized. 6. According to Annexure No.4 i.e. Forensic Science Laboratory, Rudrapur, Udham Singh Nagar, Uttarakhand, clearly indicates that the samples were personally handed-over to the FSL Laboratory by Constable 161 CP Dhirendra Singh on 04.01.2024, and the report of the Forensic Science Laboratory, Rudrapur, Udham Singh Nagar, Uttarakhand (Annexure no.4) depicts that there is a seal of the court with the sent parcel within which the contraband was placed indicates that after the material was placed before the learned Special Judge (N.D.P.S.), and with his orders, and as per provisions of the NDPS Act, it was sent for chemical examination to the Forensic Science Laboratory, Rudrapur, Udham Singh Nagar, Uttarakhand. The report of the FSL indicates that the samples so sent for chemical examination are proven to be ‘charas’ in Chemical 7 chromatographic analysis. 7. On the other hand, learned State Counsel for the State has vehemently opposed the present bail application, contending that the offense committed by the applicant is grave and falls within the category of commercial quantity under the NDPS Act, 1985, thereby attracting strict liability and stringent conditions under Section 37 of the Act. 8. Considering the overall facts and circumstances of the case and the gravity of the offence, this Court is not inclined to enlarge the applicant on bail. 9. The bail application is accordingly rejected. (Ashish Naithani, J.) 26.03.2025 NR/