2025:UHC:2733 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/101/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. B.M. Pingal and Ms. Sarita Bisht, learned counsel for the applicant. 2. Mr. Siddharth Bisht, learned A.G.A. and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant- Ms. Gurmeet Kaur who is languishing in jail since 02.12.2024, is praying for regular bail in relation to FIR dated 01.12.2024 registered as FIR No. 0209 of 2024, at P.S. Nanakmatta, District Udham Singh Nagar wherein the present applicant has been implicated for the offence punishable under Section 8/22 of the NDPS Act. 4. It is submitted by the learned counsel for the applicant that the alleged prohibited drug, i.e., 40 injections of buprenorphine were shown to be recovered from the present applicant which is commercial quantity. He further submits that 40 injections of Diazepam were also shown to be recovered which is below the commercial quantity. Apart from this, he submits that there is no proper compliance of mandatory provision of the NDPS Act, particularly Section 52 A since the inventory report which has been placed on record by way of counter affidavit is not certified by the concerned Magistrate in a manner as provided under Section 52 A of the Act. He submits that since the inventory, as shown, to be certified by the concerned Magistrate is not as per the mandate of Section 52A of the Act, therefore, on this aspect there is also a remote chance of conviction of the applicant. 5. Apart from this, learned counsel for the applicant submits that there are two 2025:UHC:2733 other criminal case of the same nature against the present applicant wherein the present applicant is already bailed out. He further submits that the husband of the applicant is in jail in relation to the offence of the same nature and there are two minor children and there is no one to look after them. 6. Apart from this, he submits that applicant being a lady and mother of two children is also entitled to get benefit of first proviso to Section 437(1)(i) of Cr.P.C., the corresponding section 480 of BNSS 2023. 7. Learned A.G.A. Mr. Siddharth Bisht opposed the bail application by submitting that applicant has a criminal history of other two cases, he has denied this fact that there is no proper compliance of mandatory provision of the NDPS Act. So far as inventory report is concerned, he submits that in this particular case the inventory has been certified by the Magistrate concerned by putting seal on it which itself reveals that inventory is certified as per the mandate of Section 52A of the NDPS Act. 8. Learned counsel for the applicant raised serious objection on the submission of the learned counsel for the State and submits that this certification is not as per the mandate of the NDPS Act since while certifying the inventory on an application of the I.O., the Trial Court did not apply its mind as there is no separate order for certifying the inventory report. 9. Learned counsel for the State submits that in view of the stringent condition as provided under Section 37 of the NDPS Act since alleged prohibited drugs which is shown to be recovered from the applicant is the commercial quantity therefore the applicant does not deserve for bail. 10. No doubt Section 37 of NDPS Act is a stringent provision but here in this case though there are other two cases of 2025:UHC:2733 similar nature against the present applicant in which she was bailed out and so far as certification of the inventory is concerned that may be a subject matter of trial but being house-wife and mother of two minor children and when her husband is in jail this Court is of the view that being a lady the stringent condition as per Section 37 of the NDPS Act can be dispensed with at this stage. 11. After taking into consideration the submissions as advanced by the learned counsel for the parties this Court is of the view that the applicant deserves for bail. 12. Accordingly, bail application is allowed. Let the applicant Ms. Gurmeet Kaur be released on bail on her executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 13. It is made clear that after being released on bail if the applicant found to be indulged in any such activities then prosecution immediately inform this Court as well as the Trial Court. (Rakesh Thapliyal, J.) 09.04.2025 Parul 2025:UHC:2733