Allahabad High Court

RAMESH SHAHversusSTATE OF U.P.

Decided: 6 May 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The Court held that the case is fit for bail under Section 37 of the NDPS Act, notwithstanding the alleged procedural lapses and the commercial quantity of the seized narcotics.

Summary

The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ramesh Shah, who was arrested in a narcotics case involving 20.8 kg of ganja recovered from a vehicle he was traveling in. The applicant contended that he had no knowledge of the contraband, that the seizure and sample procedures violated Sections 50 and 52‑A of the NDPS Act, and that he had no prior criminal record. The State argued that the mandatory provisions of the NDPS Act and Section 105 of the B.N.S.S. were complied with and that the quantity seized constituted a commercial quantity, justifying denial of bail. The Court examined the procedural deficiencies, the nature of the alleged offence, and relevant precedents such as Nadeem Ahmad v. State of West Bengal and Union of India v. Shiv Shanker Kesari. Relying on Section 37 of the NDPS Act and the cited case law, the Court concluded that the applicant was entitled to bail despite the procedural lapses. Accordingly, the bail application was allowed subject to a personal bond and several conditions.

Issues considered

Whether the mandatory provisions of Sections 50 and 52‑A of the NDPS Act were complied with in the seizure of the narcotics.
Whether the quantity of 20.8 kg of ganja constitutes a commercial quantity that precludes grant of bail.
Whether the applicant’s lack of knowledge and absence of conscious possession justify bail under Section 37 of the NDPS Act.
Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the alleged procedural irregularities.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
B.N.S.S. — s. 105, 351
Narcotic Drugs and Psychotropic Substances Act — s. 20, 37, 50, 52-A, 8

Subjects

bail
NDPS Act
commercial quantity
procedural compliance
sample certification
conscious possession
Section 37 NDPS
Section 483 B.N.S.S.

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 12645 of 2026

Ramesh Shah
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Dhirendra Kumar Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Dhirendra Kumar Srivastava, learned counsel for the
applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and
perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No. 49 of 2026, under Section 8/20 of
Narcotic Drugs and Psychotropic Substances Act, registered at Police
Station Bakhira, District Sant Kabir Nagar, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that 20.8 Kg of ganja is said to have
been recovered from a vehicle, in which, the applicant was found travelling
in the said vehicle. It is further submitted that nothing has been recovered
from the conscious possession of the applicant as was not aware that ganja
was kept in the vehicle. It is further submitted that the samples have not been
taken in accordance with the Rules 9,10 and 11 of the notification published
by the Union of India in the official gazette and the samples have not been
certified by the learned Judicial Magistrate. It is further submitted that the
mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act have not
been complied with. The applicant is languishing in jail since 05.02.2026
and the applicant is having no criminal history, undertakes that he will not
misuse the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
BAIL No. 12645 of 2026
2

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant
and it has been submitted by him that the mandatory provisions of Sections
50 and 52-A of N.D.P.S. Act and Section 105 of BNSS have also been
complied with. It is further submitted that the photography of the alleged
seizure has also been done and the said recovered contraband comes within
the purview of commercial quantity.

5. As per allegations in the first information report, 20.8 Kg of ganja is said
to have been recovered from a vehicle, in which, the applicant was found
travelling in the said vehicle. It is further submitted that nothing has been
recovered from the conscious possession of the applicant as was not aware
that ganja was kept in the vehicle. It is further submitted that the samples
have not been taken in accordance with the Rules 9,10 and 11 of the
notification published by the Union of India in the official gazette and the
samples have not been certified by the learned Judicial Magistrate. It is
further submitted that the mandatory provisions of Sections 50 and 52-A of
N.D.P.S. Act have not been complied with. The applicant is languishing in
jail since 05.02.2026 and the applicant is having no criminal history.

6. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 37 of
N.D.P.S. Act and the law laid down in the case of Nadeem Ahmad Vs.
State of West Bengal 2025 LawSuit (SC) 1134 (2025) INSC 993) and
Union of India vs Shiv Shanker Kesari (2007) 7 SCC 798 without
expressing any opinion on merits of the case, I find it to be a fit case for bail.
Hence, the present bail application is allowed.

7. Let the applicant- Ramesh Shah involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-

(i) The applicant shall not directly or indirectly make any inducement, threat,
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer
or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
BAIL No. 12645 of 2026
3

recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.

May 7, 2026
RKM
(Jitendra Kumar Sinha,J.)

Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad

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