No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2234 of 2024 Hon’ble Alok Mahra, J. Mr. Pawan Mishra, learned counsel for the applicant. 2. Mr. Akshay Latwal, learned A.G.A. for the State. 3. The applicant – Shamsher Ali, who is in judicial custody in connection with FIR/Case Crime No. 2 of 2024, under Sections 8/20 of N.D.P.S. Act registered at P.S.- Mori, District Uttarkashi, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, applicant was apprehended on 18.01.2024 at about 11:35 p.m. and 2.30 Kg. of charas was recovered from backpack. 6. Learned counsel for the applicant submits that whether any inventory was prepared or not, is not clear from the perusal of the FIR. FIR was lodged on 18.01.2024 at 13:10 hours. It is further submitted general diary entry reveals that all the items recovered from the accused were deposited in the Malkhana and the time of entering the general diary entry is 12:59 p.m. Learned counsel has also drawn attention of this Court to the Malkhana register, wherein, the general diary entry of 18.01.2024 is not mentioned and for the first time, entry of 19.01.2024 is entered. 7. Learned counsel for the applicant submits that the contraband was placed before the Judicial Magistrate, Purola on 19.01.2024, who after drawing 100-100 gms of sample from the sealed contraband, had again sealed the contraband and had sent the same to be deposited in the Malkhana. Entry in the Malkhana register as well as in the order of the Judicial Magistrate would reveal that the remaining contraband, after sending 100-100 gms sample to the Forensic Science Laboratory, comes to 1834.5 gms. 8. Learned counsel for the applicant has further drawn the attention of this Court to the Forensic Science Laboratory examination report dated 02.05.2024. Perusal of the FSL examination report would reveal that only one parcel of sample was received by the FSL for examination and that too which was sent by J.M., Barkot. This is very serious lapse on the part of the prosecution. How the sample which was drawn by the order of the Judicial Magistrate, Purola and sent to the FSL on 19.01.2024, was received by the FSL with the seal and impression of J.M. Barkot. Thus, it clearly shows that the entire sample received by the FSL for examination, was never the same, as sent by the Judicial Magistrate, Purola. On the basis of the above contentions, learned counsel for the applicant submits that the applicant has been falsely implicated in the case. 9. Learned counsel for the applicant has further drawn attention of this Court to the examination report of FSL, Dehradun dated 02.05.2024. Clause 2 of the said report mentions the name of Forwarding Authority as ‘Judicial Magistrate Purola Uttarkashi’, while clause 7 which pertains to details of parcel/exhibits received reveals that only one cloth parcel sealed with ‘J.M. Barkot’ impression was received weighing 119.0 gm, with packing and net weight 98.0 gm, without packing. 10. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 11. Accordingly, the bail application is allowed. 12. 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. (Alok Mahra J.) 11.06.2025 Ujjwal