2025:UHC:10595 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.1844 of 2025 28th November, 2025 Abdul Shami --Applicant Versus State of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. Saurabh Kumar Pandey, learned counsel for the applicant. Mr. Deepak Bisht, learned DAG for the State. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. Applicant Abdul Shami, who is in judicial custody in connection with FIR/Case Crime No. 108 of 2025, under Sections 8/22/29 of NDPS Act, registered at P.S. Haldwani, District Nainital, has sought his release on bail. 2. Heard learned counsel for the parties and perused the records. 3. According to the prosecution case, on 10.04.2025, during the search of the accused by the police party, 40 injections of Restigestic (Buprenorphine Hydrochloride Injection IP, 2 ml) were recovered from the possession of the present applicant. 2025:UHC:10595 2 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. It is contended that no inventory was prepared at the spot, nor is there any inventory certificate prepared or certified by the Magistrate. Consequently, the mandatory provisions of Section 52A of the NDPS Act have not been complied with, inasmuch as the inventory has not been certified in terms of Form 4, Rule 8 of the 2022 Rules. He further submits that the applicant has been in judicial custody since 11.04.2025. 5. Learned counsel for the applicant has further submitted that although Section 37 of the NDPS Act imposes twin conditions for grant of bail, the Court must also consider whether there are serious procedural lapses affecting the credibility of the prosecution case. 6. Learned State Counsel vehemently opposed the bail application. 7. In view of the above, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail. 8. The bail application is thus, allowed and the applicant is directed to be released on bail on his 2025:UHC:10595 3 executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. (Alok Mahra, J.) 28.11.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c 02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB55 3DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.11.28 18:29:56 +05'30'