Allahabad High Court
HARIOM SINGHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that bail should be granted in the present NDPS case.
Summary
The Allahabad High Court considered a bail application filed by Hariom Singh, who was arrested in a NDPS case (Crime No. 425 of 2026) for alleged possession of 10.118 kg of ganja. The applicant's counsel argued that the recovery was below commercial quantity, that mandatory provisions of Sections 52A and 57 of the NDPS Act were not complied with, and that the applicant was innocent with no prior criminal record. The State opposed bail, emphasizing the seriousness of the offence. After reviewing the record, the Court noted the lack of compliance with the statutory safeguards and the fact that the seized quantity was below commercial threshold, and, without delving into the merits, held that the case was fit for bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is below commercial quantity
- Whether non‑compliance with Sections 52A and 57 of the NDPS Act warrants bail
- Whether the seriousness of the alleged offence and potential punishment preclude bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 52A, 57, 8
Subjects
- bail
- NDPS Act
- Section 52A
- Section 57
- commercial quantity
- criminal procedure
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33184 of 2026
Hariom Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rukmani Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.13 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Rukmani Ojha, 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.425 of 2026 under Section 8/20 of
The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-
Lanka, District- Varanasi, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case with
a view to cause unnecessary harassment and to victimize him. A false
recovery of 10.118 Kg. of Ganja has been foisted on the applicant. The
allegations are per se false and the recovered contraband is below the
commercial quantity.
5. Learned counsel for the applicant has further argued that there is no
compliance of mandatory provision of Section 52A & 57 of the N.D.P.S.
Act. There is no criminal history of the applicant. The applicant is
languishing in jail since 21.8.2026. The applicant is ready to cooperate with
trial. In case, the applicant is released on bail, he will not misuse the liberty
of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 33184 of 2026
2
7. Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, severity of punishment as well as
totality of facts and circumstances coupled with the fact that recovered
contraband is below the commercial quantity and there being no compliance
of mandatory provision of Section 52A & 57 of the NDPS Act, without
commenting on the merits of the case, prima facie, I find it a fit case for
bail. The bail application is allowed.
8. Let the applicant- Hariom Singh, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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