Allahabad High Court
RAJ SINGH GAUTAM AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that bail should be granted in the present NDPS case.
Summary
The applicants, Raj Singh Gautam and Aman Singh, were arrested in connection with a case under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 2.67 grams and 2.147 grams of ganja. They contended that the seized quantity was below the commercial threshold, that they were falsely implicated, and that the prosecution had failed to comply with mandatory provisions of Sections 52-A and 57 of the NDPS Act, including the absence of a chemical analyst report. The State opposed bail, arguing the seriousness of the offence. The Court examined the record, noted the non‑compliance with Sections 52-A and 57, and, without passing on the merits, found that the applicants had made a prima facie case for bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and standard conditions of non‑tampering with evidence and regular appearance. The bail order does not affect the continuation of the trial on merits.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged quantity is below commercial quantity and mandatory procedural provisions are not complied with
- Whether non‑compliance with Sections 52-A and 57 of the NDPS Act warrants bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 37, 52-A, 57, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- mandatory provisions
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32880 of 2026
Raj Singh Gautam And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.7 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sunil Kumar Singh, learned counsel for the applicants, Sri Anit
Kumar Shukla, learned A.G.A. for the State and perused the material placed
on record.
3. Applicants seek bail in Case Crime No.222 of 2026, under Section 8/20 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Kamasin, District Banda, during the pendency of trial.
4. As per the allegations of the FIR, 2.67 grams and 2.147 grams of ganja is
said to have been recovered from the possession of the applicants,
respectively.
5. Learned counsel for the applicants has argued that the applicants are
absolutely innocent and have been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. The said
contraband is below the commercial quantity, as such, the rigours of Section
37 of the N.D.P.S. Act do not apply to the instant case. There is no report of
the chemical analyst to corroborate the allegations that the alleged
contraband is ganja. There is no compliance of the mandatory provisions of
Sections 52-A and 57 of the N.D.P.S. Act. There is no criminal history of the
applicants. The applicants are languishing in jail since 13.08.2026. In case,
the applicants are released on bail, they will not misuse the liberty of bail.
BAIL No. 32880 of 2026
2
6. Learned A.G.A. has vehemently opposed the bail application.
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
Section 52-A and 57 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 applicants have made out a case for bail. The bail application is allowed.
8. Let the applicants- Raj Singh Gautam and Aman Singh @ Anku, 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 they 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 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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