SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 25.03.2025 BAI No.2763 of 2023 Hon’ble Alok Mahra, J. Mr. Navneet Kaushik, learned counsel for the applicant. 2. Mr. Akshay Latwal, Brief Holder for the State. 3. Applicant- Arun Rathi, who is in judicial custody in connection with Case Crime No. 201 of 2023, under Sections 8/20/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’), registered at Police Station Premnagar, District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant contends that the present applicant Arjun Rathi and one pillion rider-Pradeep Singh were coming on a motorcycle from Sudhwala, Dehradun; on stopping them 1.360 Kilogram Charas was shown to be recovered from their possession and a case was registered against them under Sections 8/20/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is further submitted that the sample which was sent for examination in Forensic Science Laboratory was sealed by 2nd Additional Civil Judge (J.D./J.M.), Dehradun, while the cloth parcel was sealed with C.J.M. impression. 6. The argument of learned counsel for the applicant is that neither an inventory was made at the time of recovery nor in the Police Station. 7. Section 52A (2) of the NDPS Act, which reads as follows: “Where any narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs or psychotropic substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub- section (1) may consider relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under this Act and make an application, to any Magistrate for the purpose of— (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such Magistrate, photographs of such drugs, substances or conveyances and certifying such photographs as true; or (c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn.” 8. Learned counsel for the applicant further submitted that the applicant is languishing in jail since 24.09.2023; he has no previous criminal history and the recovery of the contraband articles are nothing but a planted one story. 9. Learned State counsel was granted two weeks’ specific time to seek instructions whether any inventory report was prepared at the time of seizure of the contraband? 10. Today, learned State Counsel fairly submitted that on the basis of instructions, no inventory report was prepared at the time of seizure of the contraband or arrest of the applicant. 11. Considering the submissions of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage. 12. Accordingly the bail application is allowed. 13. Let the applicant be released on bail on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 25.03.2025 Kaushal