Allahabad High Court
MOHAMMAD KAIFversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Mohammad Kaif, who was arrested under Sections 8 and 21 of the NDPS Act for allegedly possessing 500 bottles of codeine‑based cough syrup. The applicant argued that the quantity per bottle was not specified, making the total amount fall below the commercial quantity, and that the police had not complied with Sections 50 and 52 of the NDPS Act regarding prior magistrate approval and supply of grounds of arrest. The State opposed bail but did not dispute the facts. The Court, noting the applicant’s clean record, the procedural lapses, the unclear quantity, and the need to decongest prisons, relied on recent Supreme Court decisions (Kapil Wadhawan vs CBI, Maya Tiwari vs U.P., etc.) and granted bail with conditions. The order directed verification of identity, bond execution, and electronic transmission of the release order.
Issues considered
- Whether the arrest and seizure complied with Sections 50 and 52 of the NDPS Act.
- Whether the quantity of codeine‑based cough syrup constitutes a commercial quantity for bail considerations.
- Whether bail can be granted despite the nature of the offence under Sections 8/21 of the NDPS Act.
- Whether the applicant’s lack of prior criminal history and prison overcrowding justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 50, 52, 8
Subjects
- bail
- NDPS Act
- codeine cough syrup
- quantity of narcotics
- procedural compliance
- overcrowded prisons
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33911 of 2026
Mohammad Kaif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Adil
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Mohd Adil, learned counsel for the applicant, Sri Nitesh Kumar
Srivastava, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.356 of 2026, under
Sections 8/21 N.D.P.S Act, at Police Station- Civil Lines, District- Rampur.
3. As per prosecution story, on the information received from police
informer that two persons were trying to sell narcotic drugs on the road
leading to Shivmapuram Colony to Govind Colony, the police party
apprehended two persons while attempting to flee on their scooty. Upon
search of the applicant and his scooty, 500 bottles of codeine based cough
syrup were recovered from two bags which was tied on the scooty of the
applicant.
4. Learned counsel for the applicant submitted that though it is mentioned on
the label of recovered bottles that each recovered bottles contains 10 ml
codeine phosphate but total quantity in each bottle has not been mentioned.
Therefore even if 10 mg codeine based cough syrup is multiplied by 500
bottles, the total quantity would come below the commercial quantity. It is
further submitted that at the time of recovery of 500 bottles of codeine based
cough syrup, compliance of Section 50 of NDPS Act regarding search before
the Magistrate as well as Section 52 of NDPS Act regarding supply of
ground of arrest have not been complied with, therefore, the applicant is
entitled to be released on bail. It is lastly submitted that charge sheet has
been filed by the police, therefore, there is no requirement for custodial
BAIL No. 33911 of 2026
2
interrogation. The applicant has no criminal history and he is languishing in
jail since 18.08.2026. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and taking into account that the applicant has
no other criminal history and total quantity of contents of each bottle has not
been mentioned; coupled with the fact that Section 52 of NDPS Act has not
been complied with and keeping in view the nature of offence, evidence,
complicity of accused and taking into account overcrowded jails and heavy
pendency of criminal cases before the trial courts as well as considering the
mandate of the judgement of the Apex Court in the case of Kapil
Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
Online SC 3038 as well as guideline of this Court in the case of Maya
Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
Accordingly, the present application is allowed.
7. Let the applicant- Mohammad Kaif involved in the aforementioned
crime 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, 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 cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
BAIL No. 33911 of 2026
3
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhaar Card of the applicant
and sureties should also be conducted by the court concerned.
11. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
12. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
13. Office is directed to send a copy of this order to the applicant through
Rampur Jail Superintendent via e-mail or e-prison portal and Trial Court
via e-mode within 24 hours in compliance of the orders of the Apex Court in
the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10
SCC 685 as well as in the case of Pila Pahan @ Peela Pahan and others
vs State of Jharkhand and another, in Writ Petition (Criminal) No.169
of 2025 decided on 29.05.2026.
14. Application, if any, stands disposed of.
October 1, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
Checking your session…