2025:UHC:10838 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 BA1 / 1 9 0 8 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. Lalit Sharm along with Ms. Sangeeta Bhardwaj and Suraiya Naaz, learned counsel for the applicant. 2. Mr. Vikash Uniyal, learned Brief Holders for the State. 3. Applicant–Ravindra Singh, who is in judicial custody in connection with Case Crime/F.I.R. No. 24 of 2025, under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Muni-Ki-Reti, District Tehri Garhwal has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 07.03.2025, an F.I.R. was lodged against the applicant alleging that during routine checking, the police apprehended him and recovered Charas from his possession. 6. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated the inventory report and arrest memo were prepared at the spot and only thereafter the F.I.R. was lodged. However, all documents bear the F.I.R. number. Thus, it is submitted that this inconsistency casts serious doubt on the authenticity and credibility of the prosecution case and indicates that the documents were not prepared in the manner alleged. 7. Learned State Counsel would submit that the State has received instructions in the matter and, on the basis of those instructions, he states that the applicant was arrested pursuant to the alleged recovery, after which the arrest memo, seizure memo, and inventory report were prepared, and thereafter the F.I.R. was registered. However, 2025:UHC:10838 he fairly conceded that he has no instructions with respect to how the F.I.R. number came to be mentioned in the inventory report 8. Learned counsel for the applicant would submit that the Magistrate failed to satisfy himself regarding due compliance of the mandatory procedure prescribed under the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022, at the time when the seized contraband was produced before the Court as the mandatory forms and other documents required under the 2022 Rules were neither verified nor authenticated by the Magistrate. It is further submitted that when the fundamental requirements of lawful seizure and proper sampling are not complied with, the prosecution cannot invoke the stringent rigours of Section 37 of the N.D.P.S. Act to oppose the applicant’s bail. As a result, the failure to ensure strict adherence to these mandatory statutory safeguards vitiates the entire proceedings. 9. It is further submitted that the applicant is not a previous convict; that, he is in judicial custody since 07.03.2025; that, the court below court below has rejected the bail application of the applicant vide order dated 21.07.2025 in a cursory and mechanical manner; that, the applicant is a permanent resident of District Uttarkashi and there is no possibility of his absconding or tampering with the prosecution evidence. It is further submitted that the trial is not likely to conclude in the near future and, therefore, the applicant deserves to be enlarged on bail. 10. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 11. Accordingly, the 1st bail application 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 2025:UHC:10838 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. 12. 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 Mahr a, J.) 05.12.2025 Mamta 2025:UHC:10838