2025:UHC:10795 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 / 6 9 0 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. B.M. Pingal, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. A delay condonation application along with an affidavit has been filed, praying that the delay in filing the counter affidavit be condoned. The cause shown is found sufficient. The delay in filing the counter affidavit is hereby condoned. The delay condonation application is allowed. Counter affidavit is taken on record. 4. Applicant–Azad, who is in judicial custody in connection with Case Crime/F.I.R. No. 109 of 2025, under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kotwali Jwalapur, District Haridwar has sought his release on bail. 5. Heard learned counsel for the parties and perused the record. 6. As per the prosecution case, on 09.03.2025, an F.I.R. was lodged against the applicant alleging that during routine checking, the police apprehended him and recovered 1.334 kilograms of Charas from his possession. 7. Learned counsel for the applicant submits 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 2025:UHC:10795 not prepared in the manner alleged. 8. Per contra, learned State counsel would vehemently oppose the bail application. He submitted that, pursuant to the last order of this Court, he had obtained instructions about mentioning of the F.I.R. number in the inventory prepared at the spot, and the existence of any G.D. entry reflecting such mention, particularly when the inventory was admittedly prepared prior to lodging of the F.I.R. 9. On instructions, learned State counsel submitted that the applicant was arrested on the basis of the alleged recovery, and thereafter the arrest memo, seizure memo, and inventory report were prepared, following which the F.I.R. was registered. However, he fairly conceded that he has no instructions regarding the mention of the F.I.R. number in the inventory report in the G.D. 10. 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. 11. It is further submitted that the applicant has no criminal history and is in judicial custody since 09.03.2025; that, the court below court below has rejected the bail application of the applicant vide order dated 15.04.2025 in a cursory and mechanical manner; that, the applicant is a permanent 2025:UHC:10795 resident of District Haridwar 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. 12. 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. 13. 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 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. 14. 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.) 04.12.2025 Mamta