[Cites 5, Cited by 0]
Uttarakhand High Court
BA1/2298/2025 on 6 April, 2026
2026:UHC:2389
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1/2298/2025
Hon'ble Alok Mahra, J.
Mr. Mani Kumar, learned counsel for
the applicant.
2. Mr. V.S. Pal, learned A.G.A. for the
State.
3. Applicant- Aklakh, who is in judicial
custody in connection with FIR/Case
Crime No. 315 of 2025, under Sections
8/22 of the Narcotics Drugs and
Psychotropic Substances Act, 1985,
registered at Police Station Kiccha, District
Udham Singh Nagar has sought his
release on bail.
4. Heard learned counsel for the parties
and perused the record.
5. Applicant-Aklakh, who is in judicial
custody in connection with FIR/Case
Crime No. 315 of 2025, under Sections
8/22 of the Narcotic Drugs and
Psychotropic Substances Act, 1985,
registered at Police Station Kiccha, District
Udham Singh Nagar, has sought his
release on bail.
6. Heard learned counsel for the parties
and perused the material available on
record.
7. As per the prosecution case, on
25.09.2025, during routine checking, the
police party apprehended the applicant
and allegedly recovered 300 tablets of
Buprenorphine and Naloxone Sublingual
Tablets (IP Vernor-N) and 20 Diazepam
injections from his possession. On the
basis of the said alleged recovery, the
present F.I.R. came to be lodged against
the applicant on the same day at Police
Station Kiccha, District Udham Singh
2026:UHC:2389
Nagar.
8. Learned counsel for the applicant would
further submit that the applicant has been
falsely implicated in the present case and
the alleged recovery has been planted
upon him. It is contended that the
mandatory provisions of the N.D.P.S. Act
have not been complied with during the
alleged search and seizure. In particular,
there is non-compliance of Section 52-A of
the N.D.P.S. Act, inasmuch as no
inventory of the alleged contraband was
prepared in accordance with law and the
samples were not drawn and certified
before the competent Magistrate as
required under the statute.
9. It is further submitted that the
mandatory safeguards under Section 50 of
the N.D.P.S. Act have also not been
complied with by the police authorities.
Learned counsel submits that the alleged
recovery has been shown as a chance
recovery, yet the prosecution has failed to
demonstrate compliance with the statutory
safeguards provided under the Act.
10. Learned counsel for the applicant
further submits that no independent
public witness was associated with the
alleged recovery, though the place of
recovery is stated to be a public place,
which creates doubt on the prosecution
version. It is further pointed out that
although the applicant was allegedly
apprehended at about 19:20 hours, the
F.I.R. was lodged at about 22:08 hours,
i.e., nearly three hours thereafter.
However, the arrest memo and inventory
report, which are alleged to have been
prepared at the spot prior to lodging of the
F.I.R., surprisingly bear the F.I.R. number,
which creates a serious doubt regarding
the genuineness of the prosecution case.
11. Learned counsel for the applicant
2026:UHC:2389
further submits that the applicant is
languishing in jail since 26.09.2025, he
has no previous criminal history, and he is
a permanent resident of District Udham
Singh Nagar, therefore, there is no
likelihood of his absconding or tampering
with the prosecution evidence. It is also
submitted that the trial is likely to take
considerable time to conclude and
continued incarceration of the applicant
would serve no useful purpose.
12. On the previous date of hearing,
learned State counsel was directed to
obtain instructions regarding any
corresponding G.D. entry explaining the
mention of the F.I.R. number in the arrest
memo and inventory report, which were
allegedly prepared at the spot prior to
registration of the F.I.R.
13. Learned State counsel would
vehemently oppose the bail application
and submits that the recovery has been
made in accordance with law and the
provisions of the N.D.P.S. Act have been
complied with. However, he fairly concedes
that no corresponding G.D. entry is
available to explain the mention of the
F.I.R. number in the documents allegedly
prepared prior to lodging of the F.I.R.
14. Having considered the rival
submissions and perused the record, this
Court finds that the arrest memo and
inventory report allegedly prepared at the
spot bear the F.I.R. number, even though
the F.I.R. is stated to have been lodged
subsequently. The prosecution has not
been able to explain this discrepancy by
producing any corresponding G.D. entry,
which raises a doubt regarding the
sequence of events as projected by the
prosecution.
15. Without expressing any opinion on
the merits of the case, and considering the
2026:UHC:2389
overall facts and circumstances of the
case, and the unexplained discrepancy
appearing in the prosecution record, this
Court is of the opinion that the applicant
has made out a case for grant of bail.
16. Accordingly, the 1st bail application is
allowed on the following conditions:-
(a) The applicant shall execute a
personal bond and furnish two
reliable sureties in the like amount
to the satisfaction of the trial court.
(b) The applicant shall not leave the
country without prior permission of
the court.
(c) The applicant shall appear before
the investigating officer as and when
required and cooperate with the
investigation.
(d) The applicant shall not tamper
with evidence or witnesses, either
directly or indirectly and shall not
indulge in any criminal activity while
on bail.
(e) The applicant shall surrender his
passport, if any, to the court or to
the investigating agency, to preclude
risk of absconding.
17. The bail granted to the applicant
shall be liable to be cancelled in the event
of any violation of the aforesaid conditions
or if the applicant is found to have
misused the liberty granted to him.
MAM
TA
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postalCode=263001,
(Alok Mahra, J.)
06.04.2026
st=Uttarakhand,
serialNumber=5de1751a4f1
RANI
d9cabfd54852c9e68911ca8b
Mamta 66dd26690a191648ab5d8dd
004ef0, cn=MAMTA RANI
Date: 2026.04.06 17:28:07
+05'30'
