2025:UHC:7177 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 614 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Digvijay Singh Bisht, learned legal counsel for the applicant. 2. Mr. Siddhartha Bisht, learned AGA along with Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant–Sunil Kumar S/o Badrilal, is seeking bail in relation to first information report dated 03.02.2025 bearing FIR No.0007 of 2025, Police Station Thailisain, District Pauri Garhwal, wherein the present applicant along with one Dhirendra Singh and Sheeshpal Singh Rawat were implicated for the offences punishable under Section 8/20 read with Section 60 of the N.D.P.S. Act, 1985. 4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated and the alleged recovered contraband is commercial one i.e. 47 kilogram 725 grams of Ganja and it is a joint recovery from three persons, but there is no substantial compliance of mandatory provision of the NDPS Act. 5. He further submits that after search and seizure, the inventory was not prepared strictly in the prescribed format of Form-4 as prescribed under Rule 8 of the Narcotics Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal), Rules, 2022, and, furthermore, there is no proper certification by the Magistrate concerned, since in the inventory, there is an endorsement of “seen” by the Magistrate. 2025:UHC:7177 6. He submits that since the alleged contraband, which is shown to be recovered, is admittedly the commercial one, therefore, in such an eventuality, Section 37 will come in his way and in reference to this, he argued that since there is no proper substantial compliance of Section 52-A as the inventory was not prepared strictly in the prescribed format of Form-4 as prescribed under Rule 8 of the Narcotics Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal), Rules, 2022, and, it was not certified by the Magistrate concerned with due application of mind, therefore, there are the reasonable grounds that the applicant is not involved in the offence. 7. Apart from this, he submits that the charge-sheet has already been filed and the present applicant is languishing in jail since 04.02.2025, and, furthermore, the applicant has no previous criminal history and as such, if the applicant is bailed out he will not misuse the bail. 8. On the other side, Mr. Siddhartha Bisht, learned AGA, have not disputed this fact that the inventory was certified by the Magistrate by making an endorsement of “seen”, however, he submits that non- compliance of Section 52-A is not fatal and will not vitiate the trial, however, this aspect can be looked into while considering the bail application. Apart from this, he submits that the applicant is having no previous criminal history. 9. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the inventory was certified by the Magistrate concerned by 2025:UHC:7177 putting an endorsement of “seen”, and as such this Court is primarily of the view that there is non substantial compliance of Section 52-A of the Act, and as such, there are the reasonable ground that the applicant is not involved in the alleged offence . 10. Apart from this, the applicant has no previous criminal history, therefore, if the applicant is bailed out, then there is no such possibility that he will repeat the similar nature of offence while on bail. Thus, in view of the observation as made above since twin condition, as stipulated under Section 37 of the NDPS Act, are complied with, therefore, this Court is of the view that the applicant deserves for bail. 11. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 12. Let the applicant, namely, Sunil Kumar, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 13. It is made clear that after being released on bail, the applicant shall join the proceeding of trial Court in each and every date without seeking any unnecessary adjournment. Apart from this, the trial Court may proceed with the trial without being influenced with the observation as above. (Rakesh Thapliyal, J.) 12.08.2025 R.Bisht 2025:UHC:7177