Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures BA1 No.884 of 2025 Hon’ble Alok Mahra, J.

Mr. Abhishek Joshi, Advocate for the applicant.

Mr. Pradeep Lohani, Brief Holder for the State of Uttarakhand.

2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.26 of 2025, under Sections 8/22 of the N.D.P.S. Act, registered at Police Station Kotwali Jwalapur, District Haridwar.

3. The F.I.R. details an incident on 10.01.2025 where police officials on patrolling duty reached Nahar Patri near Daam Pul. There, they encountered a person who attempted to flee upon seeing the police, but was apprehended. Upon search, 11 injections of Buprenorphine IP 2 ml each were recovered from his possession.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case, has no criminal history and is languishing in judicial custody since 10.01.2025. It is contended that the Inventory Report has not been certified by the Magistrate in accordance with Form-4 as prescribed under Rule 8 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. 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, 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.

5. Per contra, learned State Counsel has strenuously opposed the bail application and submits that recovery at the instance of the accused clearly attracts the bar under the N.D.P.S. Act and no indulgence should be granted in favour of the applicant.

6. Considering the submission 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.

7. The bail application is allowed.

8. Let the applicant, namely, Arshad be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions:

Court regularly, and, he will not seek any unnecessary adjournment.

indirectly make any inducement, threat or promise to any person acquainted with the