Allahabad High Court
MONISHversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted in the present case.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Monish, who was arrested in an NDNDPS case (Sections 8, 21 and 29) for allegedly possessing 50 g of ‘smack’, a quantity below the commercial threshold. The applicant contended that the seizure was not made in the presence of a gazetted officer, violating the mandatory provisions of Section 50 of the NDPS Act, and asserted his innocence, having been in custody since 24 March 2026. The State opposed bail, arguing that the applicant’s consent had been obtained. The Court examined the facts, the low quantity involved, the procedural lapse, and the precedent set in Union of India v. Shiv Shanker Kesari (2007). Relying on Section 37 of the NDPS Act and the Supreme Court’s guidance, the Court held that the case was suitable for bail and ordered release on a personal bond with conditions. The order expressly limited its effect to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an NDPS case where the seized quantity is below commercial limits.
- Whether the alleged non‑compliance with Section 50 of the NDPS Act (absence of a gazetted officer during seizure) warrants bail.
- Whether the procedural safeguards and precedent (Union of India v. Shiv Shanker Kesari) support granting bail despite the pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 29, 37, 50, 8
Subjects
- bail
- NDPS Act
- Section 50 procedural lapse
- low quantity drug possession
- criminal procedure
- presumption of innocence
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14090 of 2026
Monish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Satendra Narayan Singh, holding brief of Sri Rajesh
Shukla, learned counsel for the applicant and Sri Manoj Gautam,
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.
150 of 2026, under Section 8/21/29 NDPS Act, registered at Police
Station Gangoh, District Saharanpur during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 24.3.2026. It is
further submitted that 50gram of smack is said to have been
recovered from the possession of the applicant, which is much
below the commercial quantity, however, it is submitted that
mandatory provisions of Sections 50 of NDPS Act have not been
complied with as the alleged recovery has not been made in the
presence of any gazetted officer. It is also submitted that the
applicant 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. 14090 of 2026
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4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant and it is submitted that consent of the
applicant has been obtained.
5. As per allegation in the FIR, 50gram of smack is said to have
been recovered from the possession of the applicant, which is
much below the commercial quantity, however, it is submitted that
mandatory provisions of Sections 50 of NDPS Act have not been
complied with as the alleged recovery has not been made in the
presence of any gazetted officer.
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 the NDPS Act and in view of the law laid
down by Hon’ble Apex Court in Union of India vs. Shiv Shanker
Kesari, 2007 (7) SCC 798 and 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- Monish involved in the aforesaid case crime
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 with the following conditions :-
(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) recording of statement under Section 351 of
B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
BAIL No. 14090 of 2026
3
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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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