2026:UHC:1486 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2458/2025 Hon’ble Alok Mahra, J. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Pradeep Lohani, learned Brief Holder for the State. 3. Applicant- Shahrukh, who is in judicial custody in connection with FIR No. 1203 of 2025, under Sections 8 r/w Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Laksar, District Haridwar has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 24.11.2025, during routine checking, the police party apprehended the applicant and allegedly recovered 192 capsules of Dicyclomine HYdrocholoride Traqmadol Hydrochloride and Acetaminiphen from his possession. On the basis of the said recovery, the aforesaid FIR came to be lodged against the applicant on the same day. 6. Learned counsel for the applicant would submit that the applicant has falsely been implicated in the present case. It is contended that the mandatory provisions of the N.D.P.S. Act have not been complied with by the prosecution. In particular, there is non-compliance of Section 52-A of the N.D.P.S. Act, inasmuch as neither any inventory of the alleged contraband was prepared in accordance with law nor were the 2026:UHC:1486 samples drawn and produced before the concerned Magistrate for certification. It is further submitted that the mandatory requirement of Section 50 of the N.D.P.S. Act has also not been complied with. Learned counsel submits that the alleged recovery has been shown as a chance recovery. 7. Learned counsel for the applicant would further submit that the quantity of the contraband allegedly recovered from the possession of the applicant falls below the commercial quantity; that, the applicant has no previous criminal history and is languishing in judicial custody since 24.11.2025. It is further contended that no independent public witness has been associated with the alleged recovery. The applicant is a permanent resident of District Haridwar and there is no likelihood of his absconding or tampering with the prosecution evidence. It is also submitted that the trial of the case is likely to take considerable time to conclude. 8. Per contra, learned State counsel has vehemently opposed the bail application and submits that the prosecution has duly complied with the provisions of the N.D.P.S. Act and that the recovery has been made in accordance with law. However, he fairly concedes that the quantity of the contraband allegedly recovered from the possession of the applicant is below commercial quantity and that the applicant has been in judicial custody since 24.11.2025. 9. Without expressing any opinion on the merits of the case, and considering the submissions of learned counsel for the parties as well as the material available on record, particularly the 2026:UHC:1486 nature and quantity of the contraband alleged to have been recovered, the period of incarceration of the applicant, and other attending circumstances of the case, this Court is of the view that the applicant has made out a case for grant of bail. 11. Accordingly, the 1st bail application is allowed on the following conditions:- (a) The applicant shall execute a personal bond and furnish two reliable sureties in the like amount to the satisfaction of the trial court. (b) The applicant shall not leave the country without prior permission of the court. (c) The applicant shall appear before the investigating officer as and when required and cooperate with the investigation. (d) The applicant shall not tamper with evidence or witnesses, either directly or indirectly and shall not indulge in any criminal activity while on bail. (e) The applicant shall surrender his passport, if any, to the court or to the investigating agency, to preclude risk of absconding. 12. The bail granted to the applicant shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicant is found to have misused the liberty granted to him. (Alok Mahra, J.) 09.03.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.03.11 18:38:35 +05'30' 2026:UHC:1486