Allahabad High Court
DEEPU GOSWAMIversusSTATE OF U.P.
- Decided
Holding
Bail was granted to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Deepu Goswami, who was arrested in connection with the recovery of 196.680 kg of ganja from a truck in Agra. The applicant contended that he was falsely implicated and that the mandatory provisions of Section 52‑A of the NDPS Act, as well as the sample‑taking rules, were not complied with, while the State argued that all procedural requirements were satisfied and the quantity seized was of commercial magnitude. The court examined the allegations, the procedural lapses alleged, and the seriousness of the offence, referring to Section 37 of the NDPS Act and the precedent set in Union of India v. Shiv Shanker Kesari (2007) 7 SCC 798. Without expressing an opinion on the merits, the court found the case fit for bail, noting the applicant’s lack of prior criminal history and the pendency of trial. Consequently, the court ordered the release of the applicant on bail with a personal bond of Rs 50,000 and two sureties, subject to strict conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court’s independent assessment of evidence.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the alleged non‑compliance with Section 52‑A of the NDPS Act and the large quantity of narcotics involved.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- B.N.S.S. — s. 105, 351
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 29, 37, 52-A, 60, 8
Subjects
- bail
- NDPS Act
- procedural compliance
- sample collection
- drug trafficking
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28931 of 2025
Deepu Goswami
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ishan Deo Giri, Prateek Kumar
Srivastava, Sandeep Pandey, Satendra
Singh, Saurabh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ishan Deo Giri along with Shri Satendra Singh, learned
counsel for the applicant, and Shri S.D. Shukla, 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.173 of 2025, under
Sections 8,20, 29, 60 of Narcotic Drugs and Psychotropic Substances Act,
registered at Police Station Trans Yamuna, District Agra, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that 196.680 Kg of ganja is said to
have been recovered from a truck, in which, the applicant was found
sitting beside the seat of the driver. It is further submitted that the
mandatory provisions of Section 52-A of N.D.P.S. Act have not been
complied with and the samples have not been taken in accordance with
the Rules 9,10 and 11 of the notification published by the Union of India
in the official gazette and the samples have not been certified by the
learned Judicial Magistrate. It is further submitted that Annexure No.2 of
the counter affidavit filed by the State is on a printed proforma and the
permission of the Magistrate has been sought for collection of the samples
BAIL No. 28931 of 2025
2
and the certification of the same has been signed by the learned
Magistrate on a printed proforma and therefore, Section 52-A of N.D.P.S.
Act have not been complied with as required under the rules published by
the Union of India in the official gazette. The applicant is languishing in
jail since 10.05.2025 and the applicant is having no criminal history,
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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the mandatory provisions
of Sections 50, 52-A of N.D.P.S. Act and Section 105 of BNSS have been
complied with and the allegedly recovered contraband amounts to huge
commercial quantity.
5. As per allegations in the first information report, 196.680 Kg of ganja
is said to have been recovered from a truck, in which, the applicant was
found sitting beside the seat of the driver. It is further submitted that the
mandatory provisions of Section 52-A of N.D.P.S. Act have not been
complied with and the samples have not been taken in accordance with
the Rules 9,10 and 11 of the notification published by the Union of India
in the official gazette and the samples have not been certified by the
learned Judicial Magistrate. It is further submitted that Annexure No.2 of
the counter affidavit filed by the State is on a printed proforma, in which,
the name of the Court has been written by the pen and the signature has
been obtained. The applicant is languishing in jail since 10.05.2025.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 37
of N.D.P.S. Act and the law laid down in the case of Union of India vs
Shiv Shanker Kesari (2007) 7 SCC 798 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- Deepu Goswami involved in the aforesaid case
crime shall 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
BAIL No. 28931 of 2025
3
the Court concerned :-
(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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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