Allahabad High Court
SHARAFAT KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding no conscious possession and non‑compliance with Section 52A, and ordered release on bond and sureties.
Summary
The applicant, Sharafat Khan, sought bail in a criminal case (Crime No. 297 of 2026) under Sections 8, 22, 29 and 60 of the NDPS Act, alleging that he was merely a pillion rider and had no conscious possession of the contraband recovered from the vehicle owned by co-accused Mohsin. Counsel argued that the applicant was falsely implicated, had no nexus with the alleged offence, and that the mandatory provisions of Section 52A of the NDPS Act were not complied with. The court examined the facts, the severity of the alleged offence, the absence of conscious possession, and the lack of prior similar antecedents. Considering these factors, the court found the case fit for bail and ordered the applicant's release on personal bond and sureties, subject to conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- What is the applicability of bail under the NDPS Act in a case involving alleged commercial quantity of narcotics?
- Whether the applicant had conscious possession of the contraband recovered from the vehicle.
- Whether the mandatory provisions of Section 52A of the NDPS Act have been complied with.
- Whether the applicant's prior criminal history warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 22, 29, 52A, 60, 8
Subjects
- bail
- NDPS Act
- conscious possession
- Section 52A
- commercial quantity
- criminal procedure
- judicial custody
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32485 of 2026
Sharafat Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prabhat Kumar Pandey, Vikrant Pratap
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 15 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vikrant Pratap Singh, learned counsel for the applicant and Sri
Ram Mohit Yadav, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 297 of 2026, under Sections
8/22/29/60 of NDPS Act, Police Station - Rorawar, District - Aligarh,
during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. It is submitted that the applicant was
merely a pillion rider on the scooty and was not in conscious possession of
the alleged contraband recovered from the vehicle, which belongs to the co-
accused, Mohsin. It is further submitted that although the alleged recovery
falls under the commercial quantity threshold, the applicant has no nexus
with the alleged offence. The criminal history of one case attributed to the
applicant stands duly explained. Furthermore, there is no compliance of the
mandatory provisions of Section 52A of NDPS Act. The applicant has no
prior antecedents of similar nature and has been in judicial custody since
08.07.2026.
5. Considering the facts and circumstances of the case, the submissions
advanced by the learned counsel for the respective parties, the nature of the
accusation, the severity of the punishment prescribed, and also taking into
BAIL No. 32485 of 2026
2
account the absence of conscious possession and the non-compliance with
statutory mandates, this Court prima facie finds it a fit case to release the
applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Sharafat
Khan, 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 he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 14, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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