2025:UHC:7814 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/726/2025 Hon'ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Siddharth Tomar, learned counsel for the applicant through V.C. 2. Mr. V.S. Pal, learned A.G.A. and Mr. Vijay Khanduri, learned Brief Holder for the State. 3. Present applicant Shekhar Thapa, S/o Shiv Prasad Thapa is praying for bail in reference to FIR dated 24.12.2024, bearing FIR/Case Crime No. 178 of 2024, registered at P.S. Selaqui District Dehradun wherein the present applicant along with his wife has been implicated for the offences punishable under Sections 8/20 of the NDPS Act. 4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated and the alleged contraband, which is shown to be recovered from the present applicant is commercial quantity, i.e., 1.219 kg of Charas but there is no substantial compliance of Section 52A of the NDPS Act. He submits that in the present case neither any inventory was prepared nor there is any certification which itself reveals that there is no substantial compliance of Section 52A of the NDPS Act. He also argued that though non compliance of Section 52A is not fatal and will not vitiate the trial but this aspect can be looked into while considering the bail application. He submits that since neither the inventory was prepared nor there is any certification by the Magistrate concerned, therefore there are reasonable grounds that the applicant is not involved in this 2025:UHC:7814 offence. Apart from this, he submits that applicant has no previous criminal history and if the applicant is bailed out there is no such possibility that after being released on bail he will indulge in such activity in future. He also submits that applicant is languishing in jail since 25.12.2024, and charge sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant. 5. On the other side, Mr. V.S. Pal, learned A.G.A. for the State, on instructions, fairly submits that neither any inventory was prepared nor there is any certification by the concerned Magistrate and also not disputed this fact that applicant has no previous criminal history. Apart from this, he also pointed out that wife of the applicant is also an accused and is already released on bail. Mr. Pal, also admits that charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant. 6. After hearing the arguments of the learned counsel for the parties and further taking into consideration that there is no substantial compliance of Section 52A of the NDPS Act, though non-compliance thereof will not vitiate the trial and, furthermore charge sheet has already been filed, as such, there is no need of custodial interrogation of the applicant, and furthermore the applicant has no previous criminal history, thus, the twin conditions, as stipulated, under Section 37 of the NDPS Act are complied with, as such, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant “Shekhar Thapa” be released on bail on his executing a personal bond and furnishing two reliable 2025:UHC:7814 sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant will join the trial court’s proceeding on each and every date without seeking any unnecessary adjournment failing which the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 03.09.2025 Parul 2025:UHC:7814