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Allahabad High Court

AVADHESH GIRIversusSTATE OF U.P.

Decided

Holding

The court held that bail is permissible under Section 37 of the NDPS Act despite the alleged non‑compliance with Section 50, and therefore allowed the bail application.

Summary

The applicant, Avadhesh Giri, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an NDNDPS case where 8.65 g of MDMA was seized from his possession. The defence argued that the quantity was below the commercial threshold and that the recovery violated Section 50 of the NDPS Act because no gazetted officer was present. The State contended that the mandatory provisions were complied with through the applicant’s consent to a personal search. The court examined the applicability of Section 37 of the NDPS Act and relevant Supreme Court precedents, concluding that the case qualified for bail despite the alleged procedural lapse. Consequently, the bail application was allowed subject to a personal bond and strict conditions. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.

Issues considered

  • Whether the recovery of MDMA complied with Section 50 of the NDPS Act requiring the presence of a gazetted officer.
  • Whether bail can be granted under Section 37 of the NDPS Act for a quantity below the commercial threshold.
  • Whether the applicant’s criminal history and the pendency of trial justify denial of bail.
  • Whether the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is maintainable.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 50 compliance
  • commercial quantity
  • Section 37 NDPS
  • MDMA
  • criminal procedure
  • high court

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 15064 of 2026

Avadhesh Giri
                                                                        .....Applicant(s)
                                          Versus
State of U.P.
                                                                  .....Opposite Party(s)

Counsel for Applicant(s)              :    Amar Nath Pandey, Ashish Kumar Pandey
Counsel for Opposite Party(s)         :    G.A.

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

1. Heard Sri Amar Nath Pandey, learned counsel for the applicant, Sri J.P. Singh,
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. 76 of 2026 under Section 8/22/29 NDPS Act, registered at
Police Station Maharajganj, District Jaunpur 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 8.65 gram of MDMA powder is said to have been
recovered from the possession of the applicant which is below the commercial
quantity. It is further submitted that mandatory provisions of Section 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 further submitted that criminal history of the
applicant has been explained in the memo of application and he is languishing in jail
since 13.4.2026. 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 mandatory provisions of NDPS Act have been complied
with as consent was obtained from the applicant before his personal search.

5. 8.65 gram of MDMA powder is said to have been recovered from the possession of
the applicant which is below the commercial quantity. It is submitted that mandatory
provisions of Section 50 of NDPS Act have not been complied with as the alleged
recovery has not been made in the presence of any gazetted officer. Criminal history
of the applicant has been explained in the memo of application and he is languishing
in jail since 13.4.2026.

6. Upon considering the totality of facts, nature and evidence reflected from record,
                                                                                                     BAIL No. 15064 of 2026
                                                                         2

                                    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), Pankaj Bansal vs. Union of India (2024) 7 SCC 576
                                    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 Avadhesh Giri 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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