2026:UHC:989 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. 2356 of 2025 Ashok Chandra Bhatt ............Applicant . Vs. State of Uttarakhand ............Respondent. Hon’ble Rakesh Thapliyal, J. 1. Mr. K.K. Harbola, learned counsel for the applicant. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State. 3. The applicant ‘Ashok Chandra Bhatt’ S/o Shri Bhola Dutt Bhatt is praying for bail in reference to First Information Report dated 19.05.2025 bearing FIR No. 15 of 2025 P.S. Pati, District Champawat, wherein, the applicant has been implicated for the offence punishable under Sections 8/20 r/w Section 60 of 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 is charas though commercial one as the quantity as shown is 2 kg 520 gms., however, the search and seizure of the contraband is doubtful, which is evident from the fact that there is no full compliance of Section 52A of the NDPS Act. He submits since the contraband as shown to be recovered is commercial one, therefore, in such an eventuality, the rider in terms of section 37 will come into the way and in reference to this he submits that there is no substantial compliance of section 52A of the NDPS Act since inventory so prepared was not certified by the Magistrate concerned in the manner as provided under the Rules of 2022. 5. He further submits that the present applicant is languishing in jail since 19.05.2025 and the charge- sheet has been filed on 12.11.2025 and have no previous criminal history. 6. Apart from this, he submits that the other co- accused namely Deepak Bhatt @ Deepak Chandra have already been enlarged on bail by this court on 30.07.2025 though he was an accused for the offence punishable under Section 29 of the NDPS Act. He 2026:UHC:989 submits by referring section 37 of the NDPS Act that firstly since there is no substantial compliance of section 52A of the NDPS Act and, therefore, it can be presumed that the applicant is involved in the said offence. Apart from this, he submits that the applicant has no previous criminal history and as such there is no possibility that he will indulge in any such activity in future. 7. On the other side, learned State counsel submits that the contraband, which is shown to be recovered, is commercial one, therefore, the applicant in terms of section 37 does not deserve for bail, however, he has not disputed this fact that the inventory was certified by the Magistrate by putting an endorsement of “seen”. He further submits that the applicant has no previous criminal history. He has also not disputed that the other co-accused has already been enlarged on bail. 8. After hearing the arguments of learned counsel for the parties and further taking into consideration that the present applicant is languishing in jail since 19.05.2025 and prima-facie there is no substantial compliance of section 52A of the NDPS Act but though such lapse is not fatal and will not vitiate the trial but this aspect can be looked into while considering the bail application. 9. The applicant has no previous criminal history and the charge-sheet has already been filed and the other co-accused has also been enlarged on bail, this court is of the view that the 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 ‘Ashok Chandra Bhatt’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail the applicant will not indulge in any such activity in future and will join the trial court proceeding on each and every date without seeking any unnecessary adjournment. (Rakesh Thapliyal, J.) 16.02.2026 PR 2026:UHC:989