The court held that improper certification of the inventory under Section 52A of the NDPS Act provides reasonable grounds to satisfy the twin conditions for bail under Section 37, even in cases involving commercial quantities of contraband.

Office Notes, reports, orders or proceedings

1. Mr. Mukesh Kumar Kaparuwan and Mr. Shubham Bhardwaj, learned counsel for the applicant.

2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Deepak Bhardwaj, learned Brief Holder for the State.

3. The present applicant ‘Kishan Nautiyal’ S/o Shri Dharm Prasad Nautiyal is praying for bail in reference to First Information Report dated 16.02.2026 bearing FIR No. 22 of 2026 P.S. Muni Ki Reti District Tehri Garhwal, wherein, the present applicant along with one Vimal Bhatt have been implicated for the offence punishable under section 8/20 r/w section 60 of the NDPS Act .

4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and has no criminal antecedent. He further submits that in this particular case the alleged contraband, which is shown to be recovered from the present applicant is commercial quantity of charas i.e. 1kg 200 gms, therefore, section 37 of the NDPS Act will come into the way.

In reference to section 37 of the NDPS Act it is argued by the learned counsel for the applicant that the inventory, which was prepared at the time of search and seizure was not properly certified as prescribed under the Rules of 2022 since there is only an endorsement of ‘seen’ while certifying the inventory and, as such, there is no substantial compliance of section 52A of the NDPS Act and, therefore, there is reasonable ground that the applicant is not guilty of the offence as alleged.

5. Apart from this, he submits that the applicant has no criminal antecedent and if he is bailed out there is no possibility that he will not indulge in any such activity in future.

6. After hearing the submission of learned counsel for the parties and taking into consideration that since the twin conditions as stipulated under section 37 of NDPS Act are fulfilled, this court is of the view that the applicant deserves for bail.

7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.

8. Let the applicant ‘Kishan Nautiyal’ be released on bail on furnishing his personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:

i. That the applicant after being released on bail shall join the Trial Court proceeding on each and every date without seeking any unnecessary adjournment.

ii. The applicant shall not indulge in any such activity in future.

In breach of any such condition the prosecution can move an application for cancellation of bail.