Allahabad High Court
JAMILAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on personal bond and two sureties, subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed by Jamila in a case under Sections 21 and 22 of the NDPS Act for alleged possession of 156 grams of alprazolam, slightly above the commercial quantity threshold. The court noted the absence of independent public witnesses, the pending chemical analyst's report, and serious questions about compliance with mandatory provisions of Sections 50 and 52A of the NDPS Act. It also examined the applicant’s prior criminal history of seven cases, which had been satisfactorily explained, and the substantial period of incarceration already undergone. Balancing the nature of the offence, the severity of the prescribed punishment, and the surrounding circumstances, the court found prima facie grounds to release the applicant on bail. Consequently, bail was granted on a personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required.
Issues considered
- Whether bail can be granted in a case under Sections 21/22 of the NDPS Act where the alleged quantity is marginally above commercial quantity
- Whether the mandatory statutory requirements of Sections 50 and 52A of the NDPS Act have been complied with
- Whether the applicant’s prior criminal history and time already spent in custody preclude bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 50, 52A
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 50
- Section 52A
- criminal history
- sureties
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34131 of 2026
Jamila
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Goyal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 19 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Ashish Goyal, learned counsel for the applicant and Sri V.K.S.
Parmar, learned A.G.A. for the State and also perused the material placed on
record.
3. By means of the present application, the applicant seeks bail in Case
Crime No. 313 of 2026, under Sections 21/22 of Narcotic Drugs and
Psychotropic Substances Act, 1985 Police Station - Govind Nagar, District
- Mathura, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, nature of offence, severity of punishment and
also considering the fact that the alleged recovery of 156 grams of
alprazolam powder is just marginally above the threshold of commercial
quantity, the absence of independent public witnesses to corroborate the
recovery, the fact that the chemical analyst's report is yet to be received on
record, and the serious contest raised regarding non-compliance with the
mandatory statutory mandates of Section 50 & 52A of NDPS Act, coupled
with the fact that the applicant's criminal history of seven cases has been
satisfactorily explained and the substantial period of incarceration already
undergone, this Court prima facie finds it a fit case to release the applicant
on bail.
5. Accordingly, the bail application is allowed. Let the applicant- Jamila, be
BAIL No. 34131 of 2026
2
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.
6. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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