Allahabad High Court
KHURSHIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted in the present case.
Summary
The Allahabad High Court considered a bail application filed by Khurshid in a Narcotic Drugs and Psychotropic Substances (NDPS) case where the FIR alleged recovery of 5.108 kg of ganja from his joint possession with a co‑accused. The applicant contended that he was falsely implicated, that the seized quantity was below commercial level, that there was no chemical analyst’s report to confirm the substance, and that mandatory provisions under Sections 52‑A and 57 of the NDPS Act were not complied with. The State opposed bail, asserting that the quantity was commercial and that the seriousness of the offence warranted continued detention. After reviewing the record, the court noted the lack of an analyst report and non‑compliance with mandatory provisions, and held that, prima facie, the case was suitable for bail despite the seriousness of the offence. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear before the trial court.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged contraband is of commercial quantity
- Whether non‑compliance of mandatory provisions under Sections 52‑A and 57 of the NDPS Act bars bail
- Whether the absence of a chemical analyst’s report affects the bail decision
- Whether the applicant’s lack of criminal history influences bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 52-A, 57, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- mandatory provisions
- chemical analysis report
- sureties
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33121 of 2026
Khurshid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Mishra, Shiv Sharan Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 81 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri
V.K.S. Parmar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No. 592 of 2026, under Section 8/20
of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police
Station- Qwarsi, District Aligarh, during the pendency of trial.
4. As per the allegations of the FIR, 5.108 kgs of ganja is stated to have been
recovered from the joint possession of applicant and co-accused person.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case by
the police to show good work. The contraband recovered from the
possession of the applicant is below commercial quantity. There is no report
of the chemical analyst to corroborate the allegations that the alleged
contraband is ganja. Learned counsel for the applicant has stated that there is
no compliance of mandatory provision of Sections 52-A and 57 of the
N.D.P.S. Act.
6. Learned counsel for the applicant has stated that there is no criminal
history of the applicant. The applicant is languishing in jail since 16.7.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
BAIL No. 33121 of 2026
2
bail.
7. Learned A.G.A. has vehemently opposed the bail application on the
ground that the recovery of the contraband article is of commercial quantity.
8. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment, there being
no compliance of mandatory provisions of the NDPS Act; there being no
report of the chemical analyst to corroborate the allegations against the
applicant, at this stage without commenting on the merits of the case, prima
facie, I find it a fit case for bail. The bail application is allowed.
9. Let the applicant- Khurshid, who is involved in aforementioned case be
released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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