2025:UHC:9336 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/131/2025 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant – Talib, who is in judicial custody in connection with Case Crime/F.I.R. No. 16 of 2025, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) registered at Police Station Bhagwanpur, District Haridwar has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 15.01.2025, an F.I.R. was registered against the present applicant under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging that on the same date, during routine checking, the applicant was apprehended by the police team and a 1.26 kg. Charas was recovered from his possession. 6. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant was apprehended on 15.01.2025 at about 17:50 hours, whereas the F.I.R. was lodged later at about 22:22 hours. Surprisingly, the inventory report bears the F.I.R. number, which creates a serious doubt regarding the authenticity and credibility of the 2025:UHC:9336 prosecution case. 7. Learned counsel for the applicant Learned counsel for the applicant would further submit that the actual weight of the alleged contraband, without the polythene, was found to be 1.15 kilograms, whereas with the polythene, it came to 1.26 kilograms. It is further contended that the applicant was not produced before the Magistrate, and no certificate under Section 52-A of the NDPS Act was issued by the Magistrate. Learned counsel would also submit that there has been non-compliance with the mandatory provisions of Sections 42, 43, and 50 of the NDPS Act, thereby vitiating the entire recovery proceedings. 7. Learned counsel would further submit that the applicant is in judicial custody since 16.01.2025; that, applicant was moved bail application before the learned court below and the same was rejected on 24.01.2025. It is also submitted that there is no likelihood of the applicant tampering with the prosecution evidence or misusing the liberty if released on bail. 8. Per contra, learned State counsel would vehemently oppose the bail application, however, fairly admits that the applicant is languishing in jail since 16.01.2025 and that his bail application was rejected by the court below on 24.01.2025. 9. Having considered the rival submissions and upon perusal of the material on record, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail. 10. Accordingly, the 1st bail application 2025:UHC:9336 is allowed on the following conditions:- (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 11. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. [ (Alok Mahra, J.) 16.10.2025 Mamta MAMT A RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3 e584af1449e430ef900bf09a6d67e bbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabf d54852c9e68911ca8b66dd26690a 191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.17 14:24:13 +05'30' 2025:UHC:9336