2025:UHC:9267 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 1734 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Devanshi Joshi and Mr. Siddhant Tiwari, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. The present applicant ‘Deepak’ S/o Katar Singh is praying for bail in relation to First Information Report dated 19.03.2025 bearing FIR No. 01 of 2025 P.S. Revenue Circle Jhimar, District Almora, wherein, the applicant has been implicated along with two others namely Praveen Singh Rawat and Hemant for the offences punishable under Section 8/20 of NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and the alleged contraband as shown to be recovered from joint possession, is commercial one i.e. 24.196 kg ganja, therefore Section 37 of NDPS Act will come into their way. 5. It is argued by learned counsel for the applicant that there is no proper substantial compliance of Section 52A of NDPS Act since the inventory which was prepared after search and seizure was not prepared in the prescribed Form IV of NDPS Rules, 2022 and furthermore, there is no proper compliance of Section 42 of the NDPS Act since the vehicle from which the recovery is shown is on the basis of the information of an informer, which was not recorded in writing. He further submits that there is no chemical analysis report in order to make full compliance of Section 52A of NDPS Act. He submits that since the mandatory provisions has not been complied with, therefore, there are sufficient material which reveals that the applicant is not involved in the said offence. 6. Apart from this, he submits that the applicant has no previous criminal history and if applicant is bailed out then there is less possibility that after being released on bail he will misuse the same. He further submits that the applicant deserves to get 2025:UHC:9267 benefit of parity of other two co-accused Hemant and Parveen Singh Rawat, who are enlarged on bail by this court. 7. On the other side, learned State counsel submits that inventory so prepared after search and seizure was properly certified by Magistrate and, therefore, it is wrong to say that Section 52 A has not been complied with. He further submits that there is no need of compliance of Section 42 of NDPS Act since the vehicle in question was commercial, however, he admits this fact that the search was done on the information of informer. 8. Apart from this, he has not disputed this fact that the applicant has no previous criminal history. 9. After hearing the arguments of learned counsel for both the parties and further taking into consideration with regard to non compliance of Section 52A of NDPS Act after perusing the inventory so prepared after the search and seizure prima-facie it appears that the inventory so prepared is not strictly as per the prescribed Form IV as prescribed under Rules 2022, therefore, there are reasonable grounds that the applicant is not involved in the alleged offence. So far as other aspects are concerned admittedly applicant has no previous criminal history and if he is enlarged on bail then there is less possibility that he will indulge in such criminal activities in future. Thus, the twin conditions as stipulated under Section 37 of NDPS Act are now fulfilled and as such applicant deserves for bail. 10. Accordingly, without expressing any opinion on merit of the case the bail application is allowed. 11. Let the applicant ‘Deepak’ S/o Katar Singh be released on bail on furnishing the personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail if applicant is found to be indulged in any such criminal activities in future the concerned court is free to take appropriate action against the applicant including cancellation of bail. Apart from this, the Trial Court may proceed with the trial without being influenced with the observation as above. (Rakesh Thapliyal, J.) 15.10.2025 PR 2025:UHC:9267