Allahabad High Court
SAHILversusSTATE OF U.P.
- Decided
Holding
The Court allowed bail, finding the applicant eligible despite the commercial quantity of narcotics.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sahil, who was arrested in a NDPS case involving 3.2 kg of opium and 156 g of smack. The applicant argued that he was falsely implicated, had no prior criminal record, and that mandatory sampling provisions under Section 52-A of the NDPS Act were not complied with. The State contended that the seized narcotics constituted a commercial quantity and that all procedural requirements had been satisfied. Relying on Section 37 of the NDPS Act and precedents set by Union of India v. Shiv Shanker Kesari (2007) and Nadeem Ahmad v. State of West Bengal (2025), the Court held that the case was suitable for bail. Consequently, the bail application was allowed subject to a personal bond, sureties, and several conditions aimed at preventing witness tampering and trial delays.
Issues considered
- Whether bail can be granted in an NDPS case involving commercial quantity of narcotics.
- Whether the mandatory sampling provisions of Section 52-A of the NDPS Act were complied with.
- Whether the applicant's lack of prior criminal record and alleged false implication justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 21, 29, 37, 52-A, 60, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 52-A
- Section 37
- witness tampering
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15005 of 2026
Sahil
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anubhav Sinha
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Anubhav Sinha, learned counsel for the applicant, Sri Radhey Shyam,
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. 72 of 2026 under Section 8/18/21/29/60 NDPS Act, registered
at Police Station Link Road, District Ghaziabad during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 23.3.2026. It is
further submitted that 3.2 kg of Opium and 156 gram of smack is said to have been
recovered from a scooty and applicant and two other accused persons are said to have
been arrested. It is further submitted that mandatory provisions of sections 52-A of
NDPS Act have not been complied with as samples have not been collected in
accordance with Rules 8, 9, 10 and 11 of the Rules published by the Union of India in
the official gazette nor the same have been certified by any Judicial Magistrate. It is
further submitted that applicant has no criminal history and he is languishing in jail
since 22.3.2026. 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.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that the alleged recovered contraband comes within the purview
of commercial quantity and the mandatory provisions of NDPS Act have been
followed.
5. 3.2 kg of Opium and 156 gram of Smack is said to have been recovered from a
scooty and applicant and two other accused persons are said to have been arrested. It
is submitted that mandatory provisions of sections 52-A of NDPS Act have not been
complied with as samples have not been collected in accordance with Rules 8, 9, 10
BAIL No. 15005 of 2026
2
and 11 of the Rules published by the Union of India in the official gazette nor the
same have been certified by any Judicial Magistrate. Applicant has no criminal history
and he is languishing in jail since 22.3.2026.
6. Upon considering the totality of facts, nature and evidence reflected from record,
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 Nadeem Ahmad vs. State of West Bengal 2025 LawSuit
(SC) 1134 (2025 INSC 993) 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 Sahil 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 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 5, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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