Allahabad High Court
SMT PREETIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on the prima facie basis of non‑compliance with Section 52A and the absence of a chemical analysis report, the applicant is entitled to bail.
Summary
The applicant, Smt Preeti, sought bail in a criminal case under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, where the prosecution alleged possession of 172 g of Alprazolam. The applicant contended that she was falsely implicated, that no contraband was actually recovered from her, and that the police had not complied with Section 52A regarding search and seizure. The prosecution had no independent witness or chemical analysis report to confirm the nature of the seized substance, and the alleged quantity appeared to have been inflated to fall within the commercial‑quantity category. The court examined the lack of forensic evidence, the procedural lapse under Section 52A, and the seriousness of the offence, concluding that the bail criteria were satisfied. Consequently, the court granted bail on the condition of a personal bond, two sureties, and standard bail conditions.
Issues considered
- Whether bail can be granted in an NDPS case when the prosecution has not produced a chemical analysis report confirming the nature of the seized substance.
- Whether non‑compliance with Section 52A of the NDPS Act (search and seizure requirements) defeats the bail application.
- Whether the alleged quantity of narcotic is sufficient to deny bail under the commercial‑quantity provision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 52A
Subjects
- bail
- NDPS Act
- search and seizure
- Section 52A
- commercial quantity
- false implication
- chemical analysis report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31231 of 2026
Smt Preeti
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 85 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Devendra Kumar, learned counsel for the applicant and Sri
Abhishek Mishra, learned A.G.A. for the State and also perused the
material placed on record.
3. By means of the present application, the applicant seeks bail in Case
Crime No. 224 of 2026, under Sections 21/22 of Narcotic Drugs and
Psychotropic Substances Act, 1985 Police Station - Refinery, District -
Mathura, during the pendency of trial.
4. As per the prosecution story, 172 grams of Alprazolam powder is stated
to have been recovered from the possession of the applicant by police.
5. Learned counsel for the applicant has stated that the applicant has been
falsely implicated in the present case with a view to cause unnecessary
harassment and to victimize him. No incriminating article has been
recovered from the possession of the applicant. There is no independent
witness to support the prosecution version. There is no chemical analyst
report which indicates that the alleged recovery is a contraband
article. The quantity of contraband has been inflated by the police just to
make it fall within the category of commercial quantity.
6. Learned counsel has further stated that there is no compliance of
Section 52A of NDPS Act with regard to search and seizure. Criminal
BAIL No. 31231 of 2026
2
history assigned to the applicant stands explained. The applicant is
languishing in jail since 02.08.2026, deserves to be released on bail. In
case, the applicant is released on bail, she will not misuse the liberty of
bail and shall cooperate with trial.
7. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, nature of offence, severity of
punishment and particularly the absence of a chemical analysis report
confirming the nature of the substance and the prima facie non-compliance
with Section 52A of NDPS Act, this Court prima facie finds it a fit case to
release the applicant on bail.
8. Accordingly, the bail application is allowed. Let the applicant- Smt
Preeti, 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 she 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 23, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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