2025:UHC:8626 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/969/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. G.C. Lakhchaura and Mr. Dushyant Mainali, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. Present applicant Rahul Das, S/o Sri Gangadas is praying for bail in relation to FIR dated 16.12.2024, bearing FIR No. 0351 of 2024, registered at P.S. Transit Camp, District Udham Singh Nagar wherein the present applicant has been implicated for the offences punishable under Section 8/20/60 of the NDPS Act. 4. It is argued by the learned counsel for the applicant that applicant is languishing in jail since 15.12.2024, and charge sheet has already been filed on 25.05.2025. He further argued that alleged contraband which is shown to be recovered is commercial one, i.e., 2kg 55 gm, however, there is no substantial compliance of Section 52A of the NDPS Act, since, inventory was not properly certified by the Magistrate concerned, as only endorsement of seen has been put thereon, and, as such, there are reasonable grounds that the applicant is not involved in said offence. He further argued that in the counter affidavit there is a disclosure of eight previous cases against the present applicant, but, as per his instructions, there are only five previous case against the applicant in which he is already bailed out. He further argued that one of the co-accused, namely, Nandan Singh Bisht has already been enlarged on bail on 16.05.2025. He further submits that though non compliance of Section 52 A of the NDPS Act is not fatal and will not vitiate the trial 2025:UHC:8626 but this aspect can be looked into while considering the bail application. So far as criminal history is concerned, learned counsel submits that in all the previous case the applicant is already bailed out, therefore, at this juncture, taking into consideration the period of long incarceration of the applicant, if the applicant is bailed out there is less possibility that he will indulge in any such activity. He further argued that if this Court grants bail to the applicant some stringent condition can be imposed. 5. On the other side, Mr. Sharma, learned A.G.A. have not disputed this fact that charge sheet has already been filed, and, as such, there is no need of custodial interrogation of the applicant and the present applicant is languishing in jail since 15.12.2024, and he has also not disputed this fact that other co-accused has already been enlarged on bail on by this Court and also fairly submits that the inventory so prepared, was certified by the Magistrate concerned by putting an endorsement of seen. He also argued that non compliance of Section 52A of the NDPS Act will not vitiate the trial. 6. After hearing the arguments of the learned counsel for the parties and taking into consideration that charge sheet has already been filed and the applicant is languishing in jail since 15.12.2024 and undisputedly the inventory was certified by the Magistrate concerned by putting an endorsement of seen and other co- accused has already been enlarged on bail by this Court, this Court is of the view that since twin conditions as stipulated under Section 37 of the NDPS Act has been complied with, 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 “Rahul Das” be released on bail on his executing a 2025:UHC:8626 personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being release on bail the applicant shall report to the nearest police station in every month and he will also provide his mobile number and the concerned S.H.O. shall record his presence .It is further made clear that the applicant shall join the trial court proceeding on each and every date without seeking unnecessary adjournment and, simultaneously, the trial court is directed to proceed and conclude the trial without being influenced with the observations as made above. (Rakesh Thapliyal, J.) 24.09.2025 Parul 2025:UHC:8626