Allahabad High Court
SHAKIRversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail must be granted as the applicant made out a prima facie case and the mandatory provisions of Sections 50 and 52-A were not complied with.
Summary
The applicant, Shakir, was arrested on 12 August 2026 for alleged possession of 255 grams of smack under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He filed a bail application claiming innocence, alleging that the quantity was inflated to bring the case into the commercial category and that the police failed to comply with mandatory provisions of Sections 50 and 52-A of the NDPS Act. The State opposed bail. The court examined the record, noted the non‑compliance with Sections 50 and 52-A, and, without delving into the merits, found that the applicant had made out a prima facie case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and standard conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when mandatory provisions of Sections 50 and 52-A are not complied with.
- Whether the alleged quantity of narcotics justifies denial of bail under Sections 8 and 21 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 8
- Section 21
- Section 50
- Section 52-A
- narcotics
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31680 of 2026
Shakir
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Afzal Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.20 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Afzal Ali, 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.0597 of 2026, under Section 8/21
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Faridpur, District Bareilly, during the pendency of trial.
4. As per the allegations of the FIR, 255 grams of smack is said to have been
recovered from the possession of the applicant by the police on 12.08.2026.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. The
allegations are per se false. The quantity of the contraband has been inflated
by the police merely to bring it within the commercial category. There is no
compliance of mandatory provisions of Sections 50 and 52-A of the
N.D.P.S. Act. There is no criminal history of the applicant. The applicant is
languishing in jail since 12.08.2026. 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.
BAIL No. 31680 of 2026
2
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 compliance with the mandatory provisions of
Sections 50 and 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- Shakir, 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 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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