Allahabad High Court
SHAKIR NEPALIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis and due to non‑compliance with Section 52‑A, the applicant is entitled to bail.
Summary
The applicant, Shakir Nepali, sought bail in a narcotics case (Crime No. 0203 of 2026) under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed innocence, alleging false recovery of 1.124 kg of charas and lack of a chemical analyst's report, as well as non‑compliance with the mandatory provisions of Section 52‑A of the NDPS Act. The State opposed the bail, but the court noted the procedural lapses and, without delving into the merits, found a prima facie case for bail. Consequently, the court granted bail on personal bond and two sureties, imposing conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted in a NDPS case when Section 52-A procedural requirements are not complied with
- Whether the applicant is entitled to bail under Sections 8 and 20 of the NDPS Act despite the seriousness of the alleged offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 52-A
- criminal procedure
- prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22690 of 2026
Shakir Nepali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Asar Mukhtar, Ikram Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.108 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Ikram Ahmad, 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.0203 of 2026, under Section 8/20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Civil Lines, District Moradabad, 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 1.124 kg of charas has been foisted on the applicant. There is no
report of the chemical analyst to corroborate the allegations that the alleged
contraband is charas. There is no compliance with the mandatory provisions
of Section 52-A of the N.D.P.S. Act. Two cases under the N.D.P.S. Act have
been foisted on the applicant at a go. The criminal history of six more cases
assigned to the applicant stands explained. The applicant is languishing in
jail since 05.04.2026. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application.
BAIL No. 22690 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 there is no compliance with the mandatory provisions of
Section 52-A of the N.D.P.S. 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- Shakir Nepali, 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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