Uttarakhand High Court
BA1/430/2025 on 27 November, 2025
2025:UHC:10562
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.430 of 2025
Hon'ble Alok Mahra, J.
Ms. Nisha Dhami, Advocate for the
applicant.
Mr. Deepak Bisht, Deputy Advocate
General for the State of Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular
bail in F.I.R. No.10 of 2025, under
Sections 8/20/60 of the N.D.P.S. Act,
registered at Police Station Kathgodam,
District Nainital.
3. According to the F.I.R., during the
course of routine checking, the police
team allegedly recovered 1.252
kilograms of Charas with polythene from
the possession of the applicant. The
contraband was purportedly sealed on
the spot, and samples were drawn in
strict conformity with the procedure
prescribed under the Narcotic Drugs and
Psychotropic Substances Act, 1985. It is
further stated that the accused was
apprehended at the place where the
contraband was recovered. On the
strength of this recovery and seizure, an
F.I.R. was registered, naming the
applicant as the offender involved in the
illegal possession of the aforesaid
narcotic substance.
4. Learned counsel for the applicant
submits that the applicant has been
falsely implicated in the instant case and
is languishing in judicial custody since
long. It is contended that the Police
2025:UHC:10562
Team has not complied with Section 52-
A of the N.D.P.S. Act and the inventory
purportedly prepared by the Police is not
in conformity with Form-4, as mandated
under Rule 8 of the Narcotic Drugs and
Psychotropic Substances (Seizure,
Storage, Sampling and Disposal) Rules,
2022. It is contended that non-
compliance with the statutory format
vitiates the authenticity of the seizure
proceedings and casts serious doubt on
the prosecution case at this stage.
Learned counsel for the applicant placed
reliance upon the judgment rendered in
the case of Narcotics Control Bureau Vs.
Kashif, reported in (2024) 11 SCC 372,
wherein the Hon'ble Supreme Court has
held that procedural irregularities and
non-compliance with mandatory
provisions under the N.D.P.S. Act are
material considerations while deciding
bail applications. It was further held that
while Section 37 of the N.D.P.S. Act
imposes twin conditions for grant of bail,
the Court must also examine whether
there are serious procedural lapses that
affect the credibility of the prosecution
case.
5. Per contra, learned State Counsel
has strenuously opposed the bail
application. He submits that the recovery
of Charas 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.
2025:UHC:10562
7. The bail application is allowed.
8. Let the applicant, namely, Bachi
Ram alias Bachiya 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:
(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.)
27.11.2025
Arpan
ARPAN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c04853
65445e3a20dddb7393398f9fe45ba3e,
JAISWAL
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D
454C5109CB987446351E4DF04AADAA2C2CEA66
, cn=ARPAN JAISWAL
Date: 2025.11.27 18:10:11 +05'30'
