Shamsher Ali @ Chamma vs State Of Uttarakhand

Alok Mahra, J

Applicant Shamsher Ali @ Chamma, who is in judicial custody in Case Crime/ FIR No.08 of 2025, under Sections 8/20 of NDPS Act, registered at P. S. Sult, District Almora, has sought his release on bail.

Heard learned counsel for the parties and perused the material available on record.

As per the prosecution case, the FIR was lodged on 07.05.2025 at about 11:31 p.m. It is alleged that the applicant was apprehended at about 6:30 p.m. on the same day, and certain contraband was recovered from his possession. The inventory of the recovered contraband was allegedly prepared at the spot in the light of a mobile phone.

Learned counsel for the applicant submits that although the inventory was prepared at about 6:30 p.m., the FIR was lodged later at about 11:31 p.m., yet the inventory bears the FIR number, which indicates that the documents were fabricated subsequently and that the applicant has been falsely implicated in the present case.

Per contra, learned counsel for the State submits that the entire procedure prescribed under the NDPS Act has been duly followed. He has further contended that the inventory was prepared under Section 52A (2) of the Act and that the concerned Magistrate has certified the contents of the said inventory.

At this stage, learned counsel for the applicant submits that there are Rules framed under Section 73 read with Section 52 of the NDPS Act, and reliance is placed on Rule 8 of the NDPS Rules, 2022, which reads as under:

Disposal of Narcotic Drugs and Psychotropic Substances. —

(1) The narcotic drugs and psychotropic substances seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under Section 53 of the Act shall be disposed of in the manner provided in Section 52A of the Act.

(2) The officer referred to in sub-rule (1) shall prepare an inventory of such narcotic drugs and psychotropic substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances or the packing in which they are packed, country of origin and other particulars as the officer may consider relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under the Act and make an application to the Magistrate for the purpose of:

(a) certifying the correctness of the inventory so prepared, or

(b) taking, in the presence of the Magistrate, photographs of such drugs or substances and certifying such photographs as true, or

(c) allowing the drawing of representative samples of such drugs or substances, in the presence of the Magistrate and certifying the correctness of any list of samples so drawn.

Learned counsel for the applicant further submits that, as per the averments in the FIR, the inventory was prepared at the spot and the same inventory, which has been enclosed with the counter-affidavit and bears the certification of the Magistrate, is presumed to be the very document prepared at the time of recovery, as there is no provision in the Act requiring separate inventories to be made one at the time of arrest and another for certification before the Magistrate.

In view of the above and for the fact that the inventory contains the number of the FIR, which was lodged much later than the time when inventory was prepared, but, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a fit case for bail.

The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.