Allahabad High Court
PRINCE SINGHversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a case for bail and allowed the bail application.
Summary
Prince Singh was arrested in connection with a case under Section 109(1) of the NDPS Act and the Arms Act for alleged possession of 3 kg of opium and 2.3675 quintals of poppy straw. The applicant contended that the recovery was false, the quantity was only marginally above commercial limits, and mandatory provisions of Section 52-A of the NDPS Act were not complied with. The State opposed bail, arguing the seriousness of the offences. The court examined the facts, noting the lack of independent witnesses, the applicant's clean record, and the contraband being below commercial quantity, and found a prima facie case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the charges under the NDPS Act and Arms Act
- Whether the failure to comply with mandatory provisions of Section 52-A of the NDPS Act justifies denial of bail
Legislation cited
- Arms Act — s. 25, 3
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 25, 29, 50, 52-A, 60, 8
Subjects
- bail
- NDPS Act
- Arms Act
- commercial quantity
- false recovery
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22454 of 2026
Prince Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.106 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Prateek Srivastava, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.212 of 2026, under Section 109(1)
B.N.S., Sections 8/18/25/29/60 of The Narcotic Drugs And Psychotropic
Substances Act, 1985 and 3/25 Arms Act, Police Station- Chopan, District
Sonbhadra, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. A false
recovery of 3 kg of opium and 2.3675 quintals of poppy straw has been
foisted on the applicant. The said contraband is marginally above the
commercial quantity, and there is no compliance with the mandatory
provisions of Section 52-A of the N.D.P.S. Act. The story has been
dramatized, and there is no independent witness to the incident, including
the villagers. There is no criminal history of the applicant. The applicant is
languishing in jail since 01.06.2026. In case, the applicant is released on
bail, he will not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 22454 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that the recovered contraband is below the commercial
quantity and that there is no compliance with the mandatory provisions of
Section 50 and 52-A of the NDPS Act, and without expressing any opinion
on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Prince Singh, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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