2025:UHC:9819 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA2 No. 1 8 2 of 2 0 2 5 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Mohd Danish @ Pindari, S/ o Niyaz Ahmad is praying for bail in relation to FIR No. 44 of 2025, registered at P.S. Banbhoolpura Haldwani, District Nainital wherein the present applicant has been implicated for the offences punishable under Section 8/ 22/ 29/ 60 of the NDPS Act. 4. The first bail application was rejected on 08.04.2025 and now the second bail application has been moved on the ground that the appellant has already suffered long incarceration since he is languishing in jail from 23.02.2025. Apart from this, learned counsel submits that the alleged prohibited drugs which is shown to be recovered is commercial quantity, however, there is no substantial compliance of Section 52A of the NDPS Act, since, the inventory was not prepared in the prescribed Form-4 under Rule 8 of NDPS Rules 2022 and, furthermore, there is no proper certification since the concerned Magistrate put an endorsement of ‘seen’ in the inventory report. It is also argued by the learned counsel for the applicant that charge sheet has already been filed and there is criminal history of only one case relating the same nature of allegation, in which he is already bailed out. He further submits that taking into consideration that the appellant suffered long incarceration, as he is in jail since 23.02.2025, and furthermore, there is no substantial compliance of Section 52A of the NDPS Act, since, inventory was 2025:UHC:9819 not properly certified and furthermore in the previous case appellant is already bailed out, therefore, the condition as stipulated under Section 37 of the NDPS Act is fulfilled and as such the applicant be released on bail. 5. On the other side, Mr. V.S.Pal, learned A.G.A. have not disputed this fact that the present appellant has already suffered long incarceration as he is in jail since 23.02.2025 and also submits that in the previous case the appellant has already bailed out. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that the applicant is languishing in jail since 23.02.2025 and suffered long incarceration and furthermore in the previous case the appellant is already bailed out, therefore, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Mohd Danish @ Pindari” be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 07.11.2025 Nahid 2025:UHC:9819