SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 788 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kailash Chandra Tiwari and Mr. Vibhor Tiwari, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned AGA and Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant “Hemant, son of Shri Ramveer” is praying regular bail in relation to First Information Report dated 19.03.2025 bearing FIR No. 01 of 2025, P.S. Revenue Circle Jhimar, District Almora, wherein the applicant have been implicated for the offences punishable under Sections 8 / 20 of NDPS Act. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and the alleged contraband as shown to be recovered from joint possession, is commercial one i.e. 24.196 kg ganja, therefore, Section 37 of NDPS Act will come into their way. 5. It is argued by learned counsel for the applicant that there is no proper substantial compliance of Section 52A of NDPS Act since the inventory which was prepared after search and seizure was not prepared in the prescribed Form IV of NDPS Rules, 2022 and furthermore, there is no proper compliance of Section 42 of the NDPS Act since the vehicle from which the recovery is shown is on the basis of the information of an informer, which was not recorded in writing. He further submits that there is no chemical analysis report in order to make full compliance of Section 52A of NDPS Act. He submits that since the mandatory provisions has not been complied with, therefore, there are sufficient material which reveals that the applicant is not involved in the said offence. 6. Apart from this, he submits that the applicant has no previous criminal history and if applicant is bailed out then there is less possibility that after being released on bail he will misuse the same. He further submits that applicant is languishing in jail since 19.03.2025. He further submits that other co-accused Praveen Rawat, who was the driver of the vehicle and Ritik Negi, who was the attendant and ran away from the spot, have already been enlarged on bail by this Court by order dated 14.07.2025 passed in BA 1st Nos. 701 and 1002 of 2025. He further submits that present applicant is also entitled for bail on the ground of parity, as other co-accused Parveen Rawat and Ritik Negi have already been enlarged on bail. 7. On the other side, Mr. Siddhartha Bisht, learned A.G.A. submits that inventory so prepared after search and seizure was properly certified by Magistrate and, therefore, it is wrong to say that Section 52A has not been complied with. He further submits that there is no need of compliance of Section 42 of NDPS Act since the vehicle in question was commercial, however, he admits this fact that the search was done on the information of informer. 8. Apart from this, he has not disputed this fact that the applicant has no previous criminal history and present applicant is also entitled for bail on the ground of parity, as other co-accused Parveen Rawat and Ritik Negi have already been enlarged on bail. 9. After hearing the arguments of learned counsel for both the parties and further taking into consideration with regard to non compliance of Section 52A of NDPS Act after perusing the inventory so prepared after the search and seizure prima-facie it appears that the inventory so prepared is not strictly as per the prescribed Form IV as prescribed under Rules 2022, therefore, there are reasonable grounds that the applicant is not involved in the alleged offence. So far as other aspects are concerned admittedly applicant has no previous criminal history and if he is enlarged on bail then there is less possibility that he will indulge in such criminal activities in future. Thus, the twin conditions as stipulated under Section 37 of NDPS Act are now fulfilled and as such applicant deserves for bail. 10. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 11. Let the applicant “Hemant, son of Shri Ramveer” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail if applicant is found to be indulged in any such criminal activities in future the concerned court is free to take appropriate action against the applicant including cancellation of bail. (Rakesh Thapliyal, J.) 07.08.2025 SKS