Allahabad High Court
MOHD. DANISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail despite the non‑compliance with Section 52‑A, as the case is prima facie bail‑eligible.
Summary
The applicant, Mohd. Danish, sought bail in a narcotics case (Crime No. 312 of 2026) under Sections 8 and 21b of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, alleging that only 11.35 grams of heroin—below the commercial quantity—was seized. The applicant argued that the mandatory provisions of Section 52-A of the NDPS Act had not been complied with, that his criminal history was explained, and that he had been in custody since 30‑07‑2026 without risk of misusing liberty. The State opposed the bail, but the court, after considering the facts, found prima facie that the applicant satisfied the criteria for bail despite the non‑compliance with Section 52‑A. The court therefore granted bail on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is below commercial quantity but Section 52-A mandatory provisions are not complied with
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21b, 52-A, 8
Subjects
- bail
- NDPS Act
- Section 52-A
- commercial quantity
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31730 of 2026
Mohd. Danish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Shahibe Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.39 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Mohd. Shahibe Alam, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No.312 of 2026, under Section 8/21b
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Brahmpuri, District Meerut, during the pendency of trial.
4. Learned counsel for the applicant has argued that 11.35 grams of smack is
said to have been recovered from the possession of the applicant, which is
below the commercial quantity. The applicant has been implicated in the
present case by the police to show good work. There is no compliance of
mandatory provisions of Section 52-A of the N.D.P.S. Act. The criminal
history assigned to the applicant stands explained. The applicant is
languishing in jail since 30.07.2026. In case, the applicant is released on
bail, he will not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application.
6. 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
BAIL No. 31730 of 2026
2
Section 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.
7. Let the applicant- Mohd. Danish, 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.
8. 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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