Allahabad High Court
FIRASAT @ LALAversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The Court held that, owing to the procedural irregularities and lack of substantive evidence, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Firasat @ Lala under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in a case involving alleged recovery of 1,140 grams of charas. The applicant argued that the recovery was false, there was no independent witness, mandatory provisions of Sections 50, 51 and 52A were not complied with, no forensic laboratory report existed, and the police had violated the NDPS Seizure, Storage, Sampling and Disposal Rules, 2022 in weighing and sampling. The State opposed bail but could not refute these procedural deficiencies. The Court found prima facie that the procedural lapses and lack of evidence created reasonable doubt and that the applicant had been in custody for over four months with no risk of tampering or intimidation. Consequently, the Court ordered the applicant’s release on bail subject to personal bond and sureties with standard conditions.
Issues considered
- Whether the procedural violations under Sections 50, 51 and 52A of the NDPS Act and the NDPS Rules justify granting bail.
- Whether the absence of an independent witness and a forensic laboratory report undermines the prosecution’s case.
- Whether the applicant poses a risk of tampering with evidence, influencing witnesses, or delaying trial if released on bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 50, 51, 52, 8
Subjects
- bail
- NDPS Act
- procedural lapse
- sampling violation
- charas
- false recovery
- evidence tampering
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12232 of 2026
Firasat @ Lala
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Learned AGA for the State submits that the instructions have
been received and he has no objection in case the bail application
is decided on merits.
2. Heard learned counsel for the applicant, Sri N.K. Sharma,
learned AGA for the State-opposite party and perused the record.
3. The instant bail application has been filed with a prayer to
enlarge the applicant on bail in Case Crime No. 752 of 2025,
under Section 8 and 20 N.D.P.S. Act, Police Station- Katghar,
District- Moradabad during the pendency of trial.
4. Counsel for the applicant submitted that the applicant has been
falsely implicated in the instant case. False recovery of 1140 gm.
'Charas' has been shown from the possession of the applicant.
There is no independent witness to the alleged recovery. The
mandatory provisions of sections 50, 51 and 52A N.D.P.S. Act
have not been complied with. There is no F.S.L. report to
establish that the substance recovered is 'Charas'. No accurate
scientific instruments were used for weighment. While weighing
the recovered substance, the police has weighed it along with
packing material. The police has deliberately shown the quantity
of the alleged narcotics substance marginally higher in order to
add to the gravity of the offence. It is next contended that the
BAIL No. 12232 of 2026
2
procedure of sampling adopted is in violation of the Narcotic
Drugs and Psychotropic Substances (Seizure, Storage, Sampling
and Disposal) Rules, 2022. The criminal history of the applicant
has been explained in para 25 of the bail application. The
applicant is in jail since 26.11.2025. In case, he is enlarged on
bail, he will not misuse the said liberty.
5. Learned AGA for the State has opposed the prayer for bail but
could not satisfactorily dispute the aforesaid submissions from
the record.
6. Having heard counsel for the parties and having perused the
record this Court prima facie finds that there is no independent
witness to the alleged recovery. The mandatory provisions of
sections 50, 51 and 52A N.D.P.S. Act have not been complied
with. There is no F.S.L. report to establish that the substance
recovered is 'Charas'. No accurate scientific instruments were
used for weighment. The procedure of sampling adopted is in
violation of the Narcotic Drugs and Psychotropic Substances
(Seizure, Storage, Sampling and Disposal) Rules, 2022. Apart
from the instant case, the applicant is not involved in any case
under the NDPS Act, as such there are reasonable grounds to
believe that the applicant shall not indulge himself in other cases
of similar nature. Moreover, the applicant has remained confined
for more than four months and there is no hope of early
conclusion of trial, more so when no reasonable apprehension has
been brought to the fore by the State that the applicant, if
enlarged on bail, would either tamper with the evidence or delay
the trial or intimidate the witness, without commenting on merits
of the case, I am of the opinion that the applicant is entitled to be
enlarged on bail.
7. Let the applicant Firasat @ Lala, involved in the aforesaid
case crime be released on bail on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the
court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
BAIL No. 12232 of 2026
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(iii) shall not pressurize the prosecution witnesses.
8. In case of breach of any of the above conditions, the
prosecution shall be at liberty to move bail cancellation
application before this Court.
April 20, 2026
S.S.
(Vivek Varma,J.)
Digitally signed by :-
SIDDHARTH SRIVASTAVA
High Court of Judicature at Allahabad
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