Extracted from the PDF above. The PDF is authoritative.
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.1201 of 2025 Hon’ble Alok Mahra, J.
Mr. Vinod Sharma and Mr. Kamlesh Budhlakoti, Advocates for the applicant.
2. Mr. Akshay Latwal, learned AGA for the State of Uttarakhand.
3. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.47 of 2024 registered as Special Session Trial No.09 of 2025, under Sections 8/20 of N.D.P.S. Act, 1985, Police Station Chamoli, District Chamoli.
4. It is contended by learned counsel for the applicant that applicant has falsely implicated in the instant crime and are languishing in jail since 27.12.2024.
5. It is contended that the Inventory Report has not been certified by the Magistrate in accordance with Form-4 as prescribed under Rule 8 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
6. It is further submitted that a bare perusal of the F.I.R. demonstrates that the inventory is shown to have been prepared at the spot, yet it strangely contains the F.I.R. number, which raises serious doubt regarding its genuineness.
7.
Learned counsel for the applicant has placed reliance on the judgment of the Hon’ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, wherein, it has been held that procedural irregularities and non-compliance with mandatory provisions under the N.D.P.S. Act
are material considerations while adjudicating bail applications. It was further held that although Section 37 of the Act prescribes stringent twin conditions for the grant of bail, the Court is nonetheless required to examine whether serious procedural lapses exist which may undermine the credibility of the prosecution case.
8. On last occasion, State Counsel was granted time to get instruction(s) with regard to the matter.
9. Considering the submission 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 applicant deserves bail at this stage.
10. The bail application is allowed.
11. Let the applicant-Nandan Singh be released on bail, on executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of Court concerned, subject to 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.
It is clarified that if the applicant misuse or violate any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail.
(Alok Mahra, J.)
27.11.2025 Ravi