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.144 of 2024 Hon’ble Alok Mahra, J.

Mr. Vikas Singh Yadav, Advocate for the applicant.

Mr. Deepak Bisht, D.A.G. for the State of Uttarakhand.

2. This first bail application has been moved by the applicant, seeking regular bail in F.I.R. No.538 of 2023, under Section 8/20/60 of N.D.P.S. Act, registered at Police Station Ramnagar, District Nainital.

3. The applicant was apprehended on 28.12.2023 at about 18:25 at Ramnagar- Kashipur Highway. An inventory was prepared on the spot, wherein the applicant was apprehended with 62 Kgs. of Ganja. The seized contraband was produced before the Magistrate on the next day i.e. on 29.12.2023, but due to paucity of time, on that day, samples could not be taken from the seized contraband. Thereafter, the seized contraband was again produced before the Magistrate for taking samples on 02.01.2024, but on that day, samples could not be taken from the alleged contraband and the alleged contraband was sent back to Malkhana for safe custody. Thereafter, on 05.02.2024, the applicant was not produced before the Magistrate, therefore, samples could not be taken on that day also. Ultimately, the seized contraband were produced on 19.02.2024 before the Judicial Magistrate, Ramnagar and, on that day, for the first time, the seal of the bag containing the alleged contraband was opened and the samples were sent to Forensic Science Laboratory.

4. It is contended by learned counsel for the applicant that applicant has falsely been implicated in the instant crime, has no criminal history and is languishing in jail since 28.12.2023. Learned counsel for the applicant submits though samples of the alleged contraband for the first time was taken on 19.02.2024, but inventory was certified by the Magistrate on 29.12.2023, which is in violation of Rule 8 of Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. Rule 8 of the aforesaid Rules reads as under:

“8. Application to Magistrate.- After the seized material under the Act is forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53 of the Act or if it is seized by such an officer himself, he shall prepare an inventory of such material in Form-4 and apply to the Magistrate, at the earliest, under sub-section (2) of section 52A of the Act in Form-5.”

5. Learned counsel for the applicant has drawn the attention of this Court to Section 52-A(2)(a) of the NDPS Act, 1985. Section 52-A of the NDPS Act is extracted as hereunder:-

“52A. Disposal of seized narcotic drugs and psychotropic substances.—(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.