Allahabad High Court
SHANI KUMAR @ RAVIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Since the quantity of ganja seized (10 kg) is below the commercial quantity, Section 37 of the NDPS Act does not apply and, in the absence of any criminal antecedents, the applicant is entitled to bail.
Summary
Shani Kumar @ Ravi was arrested in Basti district for possession of 10 kg of ganja, alleged under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The applicant sought bail during the pendency of trial. The court noted that the seized quantity was below the statutory commercial quantity, rendering the stringent provisions of Section 37 inapplicable, and observed that the applicant had no prior criminal record. Relying on these facts and without passing on the merits, the court held that the applicant had made out a prima facie case for bail. Accordingly, bail was granted on condition of a personal bond, two sureties, and compliance with standard bail conditions such as non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below the commercial quantity.
- Whether Section 37 of the NDPS Act applies to the case.
- Whether the absence of criminal antecedents justifies the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37
- criminal antecedents
- Section 8
- Section 20
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31509 of 2026
Shani Kumar @ Ravi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 28 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri
R.M. Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 231 of 2026, under Section 8/20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station-Harraiya, District -Basti, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the contraband recovered from the possession of
the applicant i.e. 10 kg of ganja is below commercial quantity, as such, the
rigours of Section 37 of NDPS do not apply to the instant case; there being
no criminal antecedents to his credit 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. Accordingly, the bail application is allowed.
5. Let the applicant- Shani Kumar @ Ravi, who is involved in
aforementioned case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
BAIL No. 31509 of 2026
2
trial court as required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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