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Allahabad High Court

VIRENDRAversusSTATE OF U.P.

Decided

Holding

The Court held that the applicant had made out a case for bail and granted bail subject to conditions.

Summary

The High Court of Allahabad considered a bail application filed by Virendra under Sections 8, 20(b) and 60 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The applicant argued that the police had mishandled the seized contraband, citing a discrepancy in the number of packets sent to the forensic laboratory and contending that the seized material consisted of leaves, which are excluded from the definition of "ganja" under Section 2(iii)(b) of the Act. The State opposed the bail, emphasizing the seriousness of the alleged offence. The Court examined the lack of compliance with the mandatory provisions of Section 52-A of the NDPS Act concerning the seizure and forwarding of evidence. Finding that the procedural lapses raised a prima facie case for bail and without delving into the merits, the Court allowed the bail application subject to a personal bond and two sureties with standard conditions. The order emphasized that any breach would lead to cancellation of bail and did not affect the trial on merits.

Issues considered

  • Whether the procedural requirements of Section 52-A of the NDPS Act were complied with in the seizure and forwarding of the alleged contraband.
  • Whether the seized material, being leaves, falls within the definition of "ganja" under Section 2(iii)(b) of the NDPS Act.
  • Whether bail can be granted to the accused during the pendency of trial despite the nature of the alleged offence.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 52-A compliance
  • definition of ganja
  • police misconduct
  • seizure of narcotics
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 24633 of 2026

Virendra
                                                             .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Abhilasha Singh, Ashutosh Yadav, S.
                                Lal
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sr. No.40 out of 114)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri Ram
Mohit Yadav, learned A.G.A. for the State and perused the material placed
on record.

3. Applicant seeks bail in Case Crime No.110 of 2026, under Section
8/20(b), 60 of The Narcotic Drugs And Psychotropic Substances Act, 1985,
Police Station- Kheragarh, District Agra, during the pendency of trial.

4. Learned counsel for the applicant has argued that initially, 39.58 kg of
ganja was recovered from the applicant in 21 packets, and the said
contraband was mixed by the police. Thereafter, 22 packets were prepared,
out of which one packet contained the said polythene bags, and the
remaining contraband was packed in 21 other packets. However, the FSL
report annexed at page no.7 of the counter-affidavit indicates that the said
contraband was sent to the FSL in 20 packets. The said discrepancy speaks
foul play by the police; thus, there is no proper compliance with the
mandatory provisions of Section 52-A of the N.D.P.S. Act.

5. Learned counsel for the applicant has further argued that the said
contraband is stated to be in the form of leaves. It does not fall within the
definition of “ganja” as defined under Section 2(iii)(b), which categorically
excludes seeds and leaves therefrom; as such, even the weight of the said
                                                                                              BAIL No. 24633 of 2026
                                                                      2


                                    contraband cannot be taken into consideration. The criminal history assigned
                                    to the applicant stands explained. The applicant is languishing in jail since
                                    10.06.2026. In case, the applicant is released on bail, he will not misuse the
                                    liberty of bail.

                                    6. Learned A.G.A. has vehemently opposed the bail application.

                                    7. 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 proper 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.

                                    8. Let the applicant- Virendra, 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.

                                    9. Breach of any condition shall entail cancellation of bail. The observations
                                    herein shall not affect the trial on merits.



                                                                                               (Krishan Pahal,J.)
                                    September 17, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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