2025:UHC:10362 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.1977 of 2025 Hon’ble Alok Mahra, J. Mr. Tarun P.S. Takuli, Advocate for the applicant. Mr. Chitrarth Kandpal, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0011 of 2025, under Sections 8 & 20 of N.D.P.S. Act, registered at Police Station Deghat, District Almora. 3. According to the F.I.R., when the police team was doing routine checking, 29.86 kilograms of Ganja, falling within the ambit of commercial quantity under the N.D.P.S. Act, was allegedly recovered from the possession of three accused persons, including the present applicant. The contraband was stated to be sealed on the spot and samples were drawn in accordance with the procedure prescribed under the Act. The police personnel also claimed that the accused persons were apprehended at the place of recovery itself. It is on this basis that the present F.I.R. was registered, naming the applicant as one of the principal offenders involved in the illegal possession of the recovered contraband. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case and is languishing in judicial custody since 06.05.2025. It is contended that the Inventory Report has not been certified 2025:UHC:10362 by the Magistrate in accordance with Form-5 as prescribed under Rule 18 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. 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. Similarly, the arrest memo also bears the F.I.R. number which, according to learned counsel, indicates that the documents were prepared subsequently and not at the time and place as alleged. 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. 5. Per contra, learned State Counsel has vehemently opposed the bail application. He submits that the recovery of a commercial quantity of contraband i.e. 29.86 kilograms of Ganja at the instance of the accused clearly attracts the bar under Section 37 of the N.D.P.S. Act and no indulgence should be granted in favour of the applicant. 6. Considering the submission of 2025:UHC:10362 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. 7. The bail application is allowed. 8. Let the applicant, namely, Deepak Kumar be released on bail, on executing personal bond and furnishing two reliable sureties, each of 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 misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail. (Alok Mahra, J.) 20.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485 365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D 454C5109CB987446351E4DF04AADAA2C2CEA6 6, cn=ARPAN JAISWAL Date: 2025.11.20 17:59:46 +05'30'