2026:UHC:2903 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.1643 of 2025 Hon’ble Alok Mahra, J. Mr. Mukesh Rawat, Advocate, holding brief of Mr. Akshay Joshi, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0015 of 2025, under Sections 8/20 of N.D.P.S. Act, registered at Police Station Lohaghat, District Champawat. 3. As per the allegations contained in the F.I.R., the applicant was apprehended on 12.05.2025. It is alleged that 1.379 kgs. Charas, was allegedly recovered from the possession of the applicant. Thereafter, upon completion of the requisite formalities in accordance with the provisions of the N.D.P.S. Act, an inventory of the recovered contraband was duly prepared, and the applicant was formally arrested. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has been in judicial custody since 12.05.2025. Learned counsel contends that the alleged recovery and subsequent proceedings are vitiated by serious procedural irregularities, inasmuch as, the inventory report as well as the arrest memo already bear the F.I.R. number, which clearly indicates that the said documents were prepared subsequent to the registration of the F.I.R. and not at the time and place of the alleged recovery. Learned counsel for the applicant has placed reliance on the judgment of the Hon’ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, 2026:UHC:2903 wherein it has been held that procedural irregularities and non-compliance with mandatory provisions under the N.D.P.S. Act are material considerations while adjudicating bail applications. It was further held that although Section 37 of the Act prescribes stringent twin conditions for the grant of bail, the Court is nonetheless required to examine whether serious procedural lapses exist which may undermine the credibility of the prosecution case. Learned counsel for the applicant submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 5. Learned State Counsel vehemently opposed the bail application. 6. Considering the submissions of learned counsel for the parties and the material on record, this Court finds that the applicant is in custody since 12.05.2025. Prima facie, there appear arguable procedural irregularities in the prosecution case, inasmuch as, the inventory report allegedly prepared prior to registration of the F.I.R. bear the F.I.R./Case Crime number, which creates doubt requiring scrutiny during trial. In view of the law laid down in Narcotics Control Bureau vs. Kashif (Supra), such lapses are relevant for considering bail even under the rigours of Section 37 of the N.D.P.S. Act. 7. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 8. Let the applicant-Lalit Mohan Joshi be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court 2026:UHC:2903 concerned, subject to 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. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail. (Alok Mahra, J.) 21.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a 20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.21 18:10:32 +05'30'