Allahabad High Court
PRADEEP SINGHversusUNION OF INDIA
- Decided
- Bench
- HARVIR SINGH
Holding
The court rejected the third bail application, finding the accused not eligible for bail due to the grave nature of the offence and the massive quantity of narcotics involved.
Summary
The High Court considered the third bail application filed by Pradeep Singh, who is charged under Sections 8, 20, 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 975 kg of ganja valued at over Rs. 42 crore. The applicant contended that the seizure was illegal, that no narcotics were recovered from his personal possession, and that he posed no flight risk. The Narcotics Control Bureau countered that the seizure followed due procedure and emphasized the massive quantity and its detrimental social impact. After weighing the arguments, the Court held that the gravity of the offence and the potential harm to society outweighed the applicant's claims, and therefore denied bail. The trial was directed to proceed expeditiously, and the order was limited to the bail application without prejudice to the merits of the case.
Issues considered
- Whether the seizure of the narcotic substance complied with the procedural requirements of the NDPS Act.
- Whether the accused is eligible for bail given the large quantity of ganja involved and its social impact.
- Whether the accused poses a risk of flight or tampering with evidence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 27A, 29, 8
Subjects
- bail
- NDPS Act
- narcotics seizure
- large quantity offence
- social impact
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40344 of 2024
Pradeep Singh
.....Applicant(s)
Versus
Union of India
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajai Kumar (Senior Advocate), Avanish
Kumar Agnihotri, Ayodhya Prasad
Mishra
Counsel for Opposite Party(s) : Ashish Pandey
Court No. - 19
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant as well as learned
counsel appearing for Narcotics Control Bureau and perused the material
available on record.
2. This is the third bail application moved on behalf of the
accused/applicant- Pradeep Singh for grant of bail in Case Crime No. 19
of 2021, under Sections 8, 20, 27A, 29 of N.D.P.S. Act, Police Station
Lucknow N.C.B., District Lucknow, during the pendency of trial, as his
first and second bail applications were rejected vide orders dated
27.7.2023 and 20.9.2024, respectively.
3. Learned counsel for the accused-applicant, while pressing this third bail
application on behalf of accused-applicant, submits that the accused-
applicant has falsely been implicated in this case and it is further
submitted that while the seizure was conducted, the concerned authorities
did not follow the procedure prescribed in the act and the said seizure is a
sham exercise in the absence of the procedure, as prescribed under the act
and the law settled on the subject, the arrest of the applicant/accused
becomes illegal.
4. It is further submitted that nothing has been recovered from the
personal possession of the applicant and he was just found sitting in the
alleged vehicle. He is languishing in jail since 30.5.2021 and criminal
history of one case has been explained and applicant is bailed out in that
case and there is no apprehension that, after being released on bail, he
may flee from the course of law or may otherwise misuse the liberty.
5. Per contra, learned counsel appearing on behalf of Narcotics Control
BAIL No. 40344 of 2024
2
Bureau submits that the quantity of Ganja, which has been recovered from
the possession of the accused applicant is 975 KG, market value of which
is more than Rs. 42 crores and further submits that, the accused /
applicant is not liable to be enlarged on bail. The concerned officials have
followed due procedure of law, while seizing the Ganja and arresting the
accused.
6. Having considered the rival contentions and the fact that, a huge
quantity of ganja, i.e., 975 KG has been recovered from the possession of
the accused and the market value of the same is stated to be more than Rs.
42 crores. Even if the value of the narcotic substance is not considered,
then the impact of circulation of 975 KG ganja in the society is likely to
spoil the carrier of the youth across the country, wherever it comes into
circulation and is consumed. Therefore, it is beyond the category of
economic offence, as such, it has twin impacts; first of all it promotes
illegal earning of money, i.e., having unlawful pecuniary gain by the
persons, who are engaged in such illegal trade and business, secondly, it
destroys the very fabric of the society, when a youth, either studying or
preparing to secure job or running a business, comes in the contact of
such persons and consumes such items, such as. Ganja, then the same
results in destroying the family at large and consumption of narcotic
substance is a bane on the society. By all means, it is to be reduced and
minimized to the maximum extent, wherein the State is taking all such
steps to minimize the illegal use, trade and consumption of such
substance. Therefore, having considered the economic and social aspects
and the gravity of the crime, its impact on the society, the instant third
bail application moved on behalf of accused / applicant Pradeep Singh is
hereby rejected.
7. However, the trial court is directed to proceed with the trial and make
all out efforts to conclude the same within a reasonable period.
8. Observations made herein-above by this court are only for the purpose
of disposal of this bail application and shall not be construed as an
expression of this Court on the merits of the case.
9. Office is directed to send a copy of the instant order to the trial court
concerned.
February 26, 2026
Gurpreet Singh
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
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