Allahabad High Court
SHAH NAWAZversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail as the case is fit for bail under Section 37 of the NDPS Act.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shah Nawaz, who was arrested in a NDNDPS case (Sections 8 and 20) for alleged possession of 16.5 kg of ganja and joint possession of 148 kg recovered from a container. The applicant claimed false implication and pointed out that co‑accused Inamulhaq and Noman had already been granted bail. The State opposed bail, emphasizing the commercial quantity of the drugs and the alleged non‑compliance with Section 50 of the NDPS Act. The Court, relying on Section 37 of the NDPS Act and the Supreme Court precedents Union of India v. Shiv Shanker Kesari (2007) and Nadeem Ahmad v. State of West Bengal (2025), held that the case was fit for bail without expressing any view on the merits. Accordingly, bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of strict conditions.
Issues considered
- Whether bail should be granted to the accused in a NDPS case involving alleged possession of commercial quantity of ganja.
- Whether the mandatory provisions of Section 50 of the NDPS Act have been complied with.
- Whether the presence of co‑accused on bail influences the grant of bail to the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 37, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- Section 50
- presumption of guilt
- cognizance of evidence
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31993 of 2025
Shah Nawaz
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Syed Riyaz Askari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Syed Riyaz Askari, learned counsel for the applicant, Sri Chandra
Shekhar Saran, 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. 0104 of 2025 under Section 8/20 NDPS Act, registered at
Police Station Badalpur, District Gautam Budh Nagar during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 14.4.2025. It is
further submitted that co-accused Inamulhaq and Noman have already been granted
bail by a Co-ordinate Bench of this Court vide orders dated 09.3.2026 and 16.3.2026
passed in Crl. Misc. Bail Application Nos. 21583 of 2025 and 45442 of 2025
respectively. It is further submitted that 16.5 kg of ganja is said to have been
recovered from the possession of the applicant and mandatory provision of Section 50
of NDPS Act has not been complied with. It is further submitted that 148 kg of ganja
stored in a container has been recovered from joint possession of the applicant and co-
accused Noman and Inamulhaq. It is further submitted that the alleged recovery of 148
kg of ganja is not from the conscious possession of the applicant as the said
contraband is recovered from a container and the applicant was not aware about the
same. It is also submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that commercial quantity of ganja has been recovered from a
container in which the applicant and two other accused persons were travelling and
apart from this, 16.5 kg of ganja is aid to have been recovered from the possession of
the applicant which is below the commercial quantity.
BAIL No. 31993 of 2025
2
5. 16.5 kg of ganja is said to have been recovered from the possession of the applicant
which is below the commercial quantity and 148 kg of ganja stored in a container has
been recovered from joint possession of the applicant and co-accused Noman and
Inamulhaq. Co-accused Inamulhaq and Noman have already been granted bail by a
Co-ordinate Bench of this Court.
6. Upon considering the totality of facts, nature and evidence reflected from record,
taking into consideration the provision of Section 37 of the NDPS Act and in view of
the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker
Kesari, 2007 (7) SCC 798 and Nadeem Ahmad vs. State of West Bengal 2025
LawSuit (SC) 1134 (2025 INSC 993), 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 Shah Nawaz involved in the aforesaid case crime 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 the Court concerned with the following conditions :-
(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.
April 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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