2026:UHC:2161 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1683/2025 Hon’ble Alok Mahra, J. Mr. B.M. Pingal, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Applicant – Anil Kumar, who is in judicial custody in connection with F.I.R./Case Crime No. 26 of 2025, registered under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Kathgodam, District Nainital has sought his release on bail. 4. Heard learned counsel for the applicant and perused the record. 5. As per the prosecution case, on 06.03.2025, during routine checking, the police party apprehended the applicant and allegedly recovered 1.404 grams of charas from the bag of the applicant. Consequently, the F.I.R. was registered against the applicant on 07.03.2025. 6. Learned counsel for the applicant would submit that the applicant has been falsely implicated; that, the inventory report and arrest memo were allegedly prepared at the spot prior to the lodging of the F.I.R.; however, all such documents bear the F.I.R. number. This circumstance creates a serious doubt about the genuineness of the prosecution version. If the documents were prepared before registration of the F.I.R., the mention of the F.I.R. number on such documents indicates ante-timing and manipulation. 7. It is further submitted that there is 2026:UHC:2161 no corresponding General Diary (G.D.) entry reflecting the time of registration of the F.I.R. number, thereby casting additional doubt on the authenticity of the prosecution case; that, the alleged recovery has been shown from the beg and the applicant has no idea about the contraband. There is no material on record to demonstrate that the applicant had knowledge of the alleged contraband kept in the bag. Thus, the essential ingredient of conscious possession is completely absent. 8. Learned counsel further submits that the learned Magistrate failed to satisfy himself regarding due compliance of the mandatory procedure prescribed under the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 at the time when the seized contraband was produced before the Court. It is argued that when foundational requirements relating to lawful seizure, sampling, and safe custody are not complied with, the prosecution cannot seek to invoke the stringent bar contained in Section 37 of the NDPS Act. 9. It is further submitted that the applicant is not a previous convict; that, the applicant is languishing in jail since 07.03.2025; that, the court below court below has rejected the bail application of the applicant vide order dated 07.08.2025 in a cursory and mechanical manner; that, the trial is not likely to conclude in the near future and, therefore, the applicant deserves to be enlarged on bail. 10. Learned State counsel would vehemently oppose the bail application, however, he would admit that the court below vide order dated 07.08.2025 has dismissed the bail application of the applicant and the applicant is languishing 2026:UHC:2161 in jail since 07.03.2025. 11. Having considered the submissions made by both parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 12. 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. 13. 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.) 25.03.2026 Mamta MAMT A RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584 af1449e430ef900bf09a6d67ebbd6426 71329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54 852c9e68911ca8b66dd26690a191648a b5d8dd004ef0, cn=MAMTA RANI Date: 2026.03.27 18:59:56 +05'30'