Allahabad High Court
SARVAR ALAM @ KALLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court refused to quash the FIR and dismissed the writ petition, directing that any bail application be decided by the lower court in line with Satender Kumar Antil v. CBI.
Summary
Petitioner Sarvar Alam @ Kallu filed a criminal miscellaneous writ petition challenging the FIR dated 10-04-2026 registered under Sections 8, 21 and 29 of the NDPS Act. During the hearing, the petitioner’s counsel voluntarily withdrew the challenge to the FIR and sought only a direction that any bail application be decided in accordance with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The State, represented by the Advocate General, did not oppose this equitable submission. The Court refused the prayer to quash the FIR and dismissed the writ petition, but directed that if the petitioner applies for bail, the lower court must decide it following the law laid down in Satender Kumar Antil. Consequently, the interim order, if any, was discharged.
Issues considered
- Whether the FIR registered under the NDPS Act can be quashed by a criminal miscellaneous writ petition.
- Whether the petitioner is entitled to a direction for bail despite withdrawing the challenge to the FIR.
- How the Supreme Court precedent Satender Kumar Antil v. CBI applies to the bail application in the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 29, 8
Subjects
- criminal procedure
- FIR
- writ petition
- bail
- NDPS Act
- Supreme Court precedent
- quash of FIR
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10774 of 2026
Sarvar Alam @ Kallu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Shukla
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Rajesh Shukla, the learned counsel for petitioner and the
learned A.G.A. for State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioner-Sarvar Alam @ Kallu has approached this Court by means of
present Criminal Misc. Writ Petition challenging the FIR dated
10.04.2026 lodged by first informant-respondent-4, Pawan Kumar and
registered as Case Crime No. 243 of 2026, under Section 8, 21, 29 NDPS,
Police Station-Kairana, District- Shamli.
4. In support of present writ petition, learned counsel for petitioner
proceeded with his submissions. However, after some arguments the
learned counsel for petitioner fairly gave up the challenge to the
impugned FIR. He submits that in view of the facts and circumstances of
the case, interest of justice shall better be served, in case, the present writ
petition is disposed of fairly with a direction to Court concerned to
consider the bail application of petitioner in the light of law laid down by
Apex Court in Satender Kumar Antil Vs. Central Bureau of
Investigation and another (2021) 10 SCC 773.
5. Per contra, the learned A.G.A. for State-respondents 1, 2 & 3 does not
oppose the equitable submissions urged by the learned counsel for
petitioner.
CRLP No. 10774 of 2026
2
6. In view of above, the prayer prayed for by means of present writ
petition is refused.
7. Having heard the learned counsel for the petitioner and the learned
A.G.A. representing State-respondents 1 to 3 and upon perusal of record,
this writ petition is disposed of finally with a direction that in case,
petitioner appears before Court below and apples for bail then his bail
application shall be decided by Court below in the light of the law laid
down by the Apex Court in the case of Satender Kumar Antil (Supra).
8. Interim order, if any, stands discharged.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 12, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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