No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 1403 of 2024 Hon’ble Alok Mahra, J. Mr. M.S. Pal, learned Senior Counsel, assisted by Mr. Manoj Bhatt, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy Advocate General for the State. 3. This first bail application has been moved by the applicant, seeking regular bail in Case Crime/F.I.R. No. 1 of 2024, under Sections 8/22 of N.D.P.S. Act, registered at Police Station Banbhulpura, District Nainital. 4. Applicant was apprehended on 31.12.2023 at 23:45 hours near the Haldwani Bareilly Road. When the applicant was apprehended, foreign psychotropic substances were recovered from a bag, which the applicant was carrying in his hands. 5. Mr. M.S. Pal, learned Senior Counsel submits that a bare perusal of the recovery memo would reveal that provisions of Section 50 and 52 of the NDPS Act have not been complied with inasmuch as the applicant was never informed about his right to be searched before the Gazetted Officer. It is further submitted that no inventory of the recovered contraband was made on the spot or at the Police Station where the applicant was taken after arrest; that the inventory, for the first time, was prepared on 02.01.2024 before the learned court concerned; that the applicant has been falsely implicated, as the provisions of Rule 8 of the Narcotic Drugs And Psychotropic Substances (Seizure, Storage, Sampling And Disposal) Rules, 2022 is violated. 6. Rule 8 of the aforesaid Rules reads as under:- “8. Application to Magistrate.- After the seized material under the Act is forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53 of the Act or if it is seized by such an officer himself, he shall prepare an inventory of such material in Form-4 and apply to the Magistrate, at the earliest, under sub-section (2) of section 52A of the Act in Form-5.” 7. It is also argued by learned Senior Counsel for the applicant that the applicant is in jail since his arrest i.e. from 31.12.2023; that PW-3 was examined in chief on 03.12.2024 and thereafter he has not turned up for cross-examination till date despite the trial court issued NBW against PW-3; that there are total seven witnesses to be examined and it is not likely to be concluded in near future. 8. It is admittedly clear that neither the provisions of Rule 8 of the Narcotic Drugs And Psychotropic Substances (Seizure, Storage, Sampling And Disposal) Rules, 2022 have been complied with, nor, the provisions of Section 50 of NDPS Act have been followed. 9. Considering the submissions of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 10. The bail application is allowed. 11. Let the applicant, namely, Shariq Kuraishi @ Ballu Singh be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject the following conditions: i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment. ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. iii) The applicant shall not leave India without any prior permission of the trial Court. 12. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution will be free to move the court for cancellation of bail. (Alok Mahra J.) 14.08.2025 Ujjwal