Allahabad High Court
RAJPALversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting release on personal bond with conditions.
Summary
The applicant, Rajpal, was arrested as the driver of a vehicle from which acetic anhydride, a precursor chemical, was seized under Crime No. 93 of 2026. He contended that he was falsely implicated and that the seized substance does not constitute a banned narcotic under the NDPS Act. The counsel highlighted his lack of knowledge of the contraband, his role merely as a driver, and his custody since 8 June 2026. The court examined the nature of the offence, the sections invoked (9(A), 25(A), 60 of the NDPS Act), and the fact that the substance was a precursor rather than a commercial quantity of a narcotic. Considering these factors, the court found the case suitable for bail and ordered his release on personal bond with sureties and standard conditions.
Issues considered
- Whether bail can be granted to an accused under Sections 9(A), 25(A) and 60 of the NDPS Act when the seized material is a precursor chemical.
- Whether the appellant's role as a driver, without knowledge of the contraband, justifies bail.
- Whether the period of judicial custody already served and the nature of the offence warrant release on bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 25(A), 60, 9(A)
Subjects
- bail
- NDPS Act
- precursor chemical
- acetic anhydride
- driver
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27046 of 2026
Rajpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Alankrita Dubey, Rakesh Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 72 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri
Yogesh Mishra, learned State Law Officer and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 93 of 2026, under Sections
9(A), 25(A) & 60 of NDPS Act, Police Station - Kaila Devi, District -
Sambhal, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. It is submitted that the applicant is
merely the driver of the vehicle from which the alleged contraband, namely
Acetic Anhydride, was recovered. The said substance does not fall under the
category of a banned narcotic drug or psychotropic substance under the
NDPS Act rather, it is a precursor chemical used in the processing of smack.
Furthermore, the criminal history attributed to the applicant has been
explained, and he has been in judicial custody since 08.06.2026.
5. Considering the facts and circumstances of the case, the submissions
made by the learned counsel for the parties, the nature of the offence, the
severity of punishment, and also considering the period of incarceration
already undergone by the applicant alongside the fact that the seized
substance is a precursor chemical rather than a commercial quantity of a
banned drug, this Court prima facie finds it a fit case to release the applicant
on bail.
BAIL No. 27046 of 2026
2
6. Accordingly, the bail application is allowed. Let the applicant- Rajpal, be
released on bail 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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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