2025:UHC:10574 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 BA1/1096/2025 Hon’ble Alok Mahra, J. Mr. Vikas Singh Yadav, learned counsel for the applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Applicant- Gaurav Saini, who is in judicial custody in connection with FIR/Case Crime No. 13 of 2025, under Sections 8/20/60 of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bhataroj Khan, District Almora has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 27.03.2025, an F.I.R. was registered against the present applicant alleging that during routine checking, the police team apprehended the applicant and recovered 43.580 kg of ganja from his possession. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is argued that, according to the prosecution, 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 counsel would further submit that the inventory report has not been prepared in the manner prescribed under the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (in short “the Rules, 2022”). It is urged that the inventory report is not prepared in the prescribed form and does not 2025:UHC:10574 bear proper certification as mandated under Section 52-A of the NDPS Act. Hence, the legal procedures were not properly or fully followed. 8. Learned counsel would also submit that the applicant has no previous criminal history and is in judicial custody since 27.03.2025. It is stated that though the applicant had moved a bail application before the learned court below, the same was rejected on 16.06.2025. It is further contended that there is no apprehension of tampering with the evidence or misuse of liberty if the applicant is enlarged on bail. 9. Per contra, learned State counsel would vehemently opposes the bail application, however, fairly admits that the inventory report, arrest memo, and other documents prepared at the spot bear the F.I.R. number. The State counsel also admits that the applicant is in judicial custody since 27.03.2025 and that his bail application was rejected by the court below on 16.06.2025. 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 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 2025:UHC:10574 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 Mahra, J.) 27.11.2025 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf4 6f244f3e584af1449e430ef9 00bf09a6d67ebbd6426713 29b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f 1d9cabfd54852c9e68911c a8b66dd26690a191648ab5 d8dd004ef0, cn=MAMTA RANI Date: 2025.12.01 17:10:13 +05'30' 2025:UHC:10574