Allahabad High Court
GOPALversusSTATE OF U.P.
- Decided
Holding
The Court held that, given the procedural irregularities and the circumstances of the case, bail is appropriate and granted.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Gopal, who is charged under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 29.760 kg of ganja. The applicant contended that the seizure and sample procedures violated Rules 9, 10 and 11 of the relevant notification and that mandatory provisions of Sections 50 and 52‑A of the NDPS Act were not complied with, rendering the case weak. The State argued that the seizure was from a motorcycle, not the applicant’s possession, and that the procedural requirements were satisfied. Relying on Section 37 of the NDPS Act and precedents such as Nadeem Ahmad v. State of West Bengal and Union of India v. Shiv Shanker Kesari, the Court, without expressing a view on the merits, found the circumstances suitable for bail. Consequently, the Court granted bail on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions, emphasizing that the order is limited to bail and does not prejudice the trial.
Issues considered
- Whether the seizure and sampling of the alleged narcotic contravened Rules 9, 10 and 11 of the notification and the certification requirement of a Judicial Magistrate.
- Whether the mandatory provisions of Sections 50 and 52‑A of the NDPS Act were complied with in the present case.
- Whether the facts and circumstances justify the grant of bail under Section 37 of the NDPS Act and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 37, 50, 52-A, 8
Subjects
- bail
- NDPS Act
- sample certification
- Section 50
- Section 52-A
- procedural irregularities
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14064 of 2026
Gopal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Haridwar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Brijesh Kumar Pandey, 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. 78 of 2026, under Section
8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at
Police Station Farah, District Mathura, 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 29.760 Kg of ganja is said to
have been recovered from the joint possession of the applicant and co-
accused Pappu @ Mahendra. 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 11.03.2026, 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. 14064 of 2026
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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 alleged recovery has
not been made from the possession of the applicant rather the same has
been made from a motorcycle and therefore, the provisions of Section 50
N.D.P.S. Act shall not be applied and the samples have been taken in
accordance with the Rules 9,10 and 11 of the notification published by the
Union of India in the official gazette.
5. As per allegations in the first information report, 29.760 Kg of ganja is
said to have been recovered from the joint possession of the applicant and
co-accused Gopal. 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 Section 52-A of N.D.P.S. Act
have not been complied with. The applicant is languishing in jail since
11.03.2026.
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- Gopal 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.
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(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)
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.
(Jitendra Kumar Sinha,J.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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