Allahabad High Court
IBRANversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that the prima facie evidence of involvement and the seriousness of the offence preclude the grant of bail.
Summary
The applicant Ibran sought bail under Section 483 of the CrPC for a case registered under Sections 8 and 22 of the NDPS Act, where 17,760 capsules of a product called Spasmore weighing 9.768 kg were seized from his vehicle. The prosecution argued that the large quantity and lack of a licence indicated a serious offence, while the defence contended that the substance is not listed in the NDPS schedule but is covered by the Drugs and Cosmetics Act, rendering the charge untenable. The court examined the forensic laboratory report, which classified the sample as meeting standard quality under the Drugs and Cosmetics Act, but noted that this does not negate the prima facie evidence of possession. Finding that the involvement of the accused could not be ruled out and that the gravity of the offence warranted custody, the court declined to grant bail. The decision was limited to the bail application and does not prejudice the trial.
Issues considered
- Whether the applicant is entitled to bail despite the seizure of a large quantity of capsules not listed in the NDPS schedule.
- Whether the forensic report under the Drugs and Cosmetics Act affects the applicability of the NDPS Act charges.
- Whether the prima facie evidence of possession and seriousness of the offence preclude the grant of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- Drugs and Cosmetics Act
- prima facie evidence
- serious offence
- possession of narcotics
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 36754 of 2025
Ibran
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Mishra, Rajesh Kumar
Yadav, Rakesh Kumar Mishra, Sumit
Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Anil Srivastava, learned Senior Advocate, assisted by Sri Rajesh
Kumar Yadav, learned counsel for the applicant, Shri Arimardan Yadav,
learned A.G.A. for the State and perused the record of the case.
The present bail application under Section 483 B.N.S.S. has been filed on
behalf of applicant, Ibran with a prayer to release him on bail in Case Crime
No. 66/25 under Section 8/22 N.D.P.S Act, Police Station Rehar, District
Bijnor.
Learned Senior Counsel for the applicant has submitted that the applicant is
innocent and he has falsely implicated implicated in present case. Learned
Senior Counsel submits that as per prosecution case 74 boxes of Spasmore
each containing 240 capsules, total 17,760 capsules with a total weight of
9.768 Kgs. are stated to have been recovered from the vehicle bearing
registration No. UP-14-BV-3527.
Learned Senior Counsel submits that this Court vide order dated 5.1.2026
had posted the case for 20.1.2026 for FSL report for consideration of bail
application. In pursuance thereto, learned AGA has brought on record FSL
report by way of compliance affidavit and as per the report, the opinion of
samples was found as under:-
"In the opinion of the undersigned, the sample referred to above
is of standard quality as defined in the Drugs and Cosmetics Act,
1940 and Rules thereunder for the reasons given below:-
BAIL No. 36754 of 2025
2
The sample conforms to IP, BP, USP, declared the formula,
on the basis of tests done."
Learned Senior Advocate submits that since the recovered substance does
not find mention in the Schedule to the NDPS Act and find mention in the
Drugs and Cosmetics Act, the prosecution against the applicant is not
maintainable under NDPS Act.
Learned Senior Counsel argued that the applicant is absolutely innocent and
has been falsely implicated in the present crime with a view to cause
unnecessary harassment and victimize him. Learned Senior Counsel submits
that charge sheet in this case has already been filed on 3.10.2025. Further
custodial interrogation of the applicant is no more required. The applicant,
who is in jail since 6.9.2025 having no criminal history to his credit,
deserves to be released on bail. In case the applicant is released on bail he
will not misuse the liberty of bail..
Learned A.G.A for the State vehemently opposed the prayer for bail and
from the vehicle being driven by the applicant total 17760 capsules of
Spasmore were recovered from the cartons and applicant was not able to
produce any licence , in respect of which no licence was produced by the
applicant. The weight of the recovered capsules is 9.768 kilograms, which is
much more than the commercial quantity and the offence committed by the
accused is of a serious in nature, therefore, the bail application of the
applicant is liable to be rejected.
I have heard learned counsel for the parties and perused the record.
In the case at hand, 74 boxes of Spasmore each containing 240 capsules,
total 17,760 capsules with a total weight of 9.768 Kgs. were recovered from
the vehicle being driven by the applicant.
From the perusal of the evidences, collected during investigation so far,
prima facie, the involvement of the accused in the present case cannot be
ruled out. No reason is found to falsely implicate the applicant/accused.
Therefore, there is no good ground to release the applicant-accused on bail at
this stage. All the contentions raised by the learned counsel for the applicant
pertain to the merits of the case and the same cannot be considered while
considering application for grant of bail. This court is unable to form an
opinion at this stage that the accused has not committed an offence.
In the ultimate conclusion, considering the facts and circumstances of the
BAIL No. 36754 of 2025
3
case, gravity of the offence, severity of punishment, in my opinion, no case
for bail is made out. Accordingly, the bail application is hereby rejected.
It is clarified that the observations made regarding the bail application is
limited to the decision of the bail application and any observations made
herein shall not effect the trial of the case.
January 20, 2026
Vinod.
(Ashutosh Srivastava,J.)
Digitally signed by :-
VINOD KUMAR JAISWAL
High Court of Judicature at Allahabad
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