In cases involving the recovery of commercial quantities of drugs under the NDPS Act, bail is not to be granted lightly.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41878 of 2022

Applicant :- Abrar

Opposite Party :- State of U.P.

Counsel for Applicant :- Deepak Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Deepak Kumar Yadav, learned counsel for the

applicant and Dr. S.B. Maurya, learned AGA-I for the State-

respondent.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No. 295 of 2022, under

Sections 8/22 NDPS, Police Station Gulawathi, District

Bulandshahar, during pendency of the trial in the court below.

According to the allegation, applicant was arrested along with

three other co-accused and from the possession of the applicant,

1500 tablets of Alprazolam were recovered and total weight of

tablets were 225 grams.

Learned counsel for the applicant submitted that applicant has

falsely been implicated in the present case and nothing

incriminating has been recovered from his possession. He

further submitted that till date, there is no FSL report on record

which can show that recovered substance was Alprazolam. He

further submitted that at the time of recovery, neither public

witness was taken nor any attempt was made in this regard and

at the time of alleged recovery, provisions of Section 50 NDPS

Act have not been complied with. He further submitted that

applicant in the present matter is in jail since 5.8.2022 and he is

having no previous criminal history, therefore, applicant may be

released on bail.

Per contra, learned AGA opposed the prayer for bail and

submitted that 225 gram Alprazolam was recovered from the

possession of the applicant which involves the commercial

quantity, therefore, considering the provisions of Section 37

NDPS Act, applicant could not be released on bail.

I have heard learned counsel for the parties and perused the

record of the case.

From the possession of applicant, 1500 tablets of Alprazolam

weighing about 225 gram was recovered which is well above

the commercial quantity of 100 grams.

Although, learned counsel for the applicant submits that at the

time of recovery, provisions of Section 50 NDPS Act have not

been complied with but from the perusal of the recovery memo,

it reflects that before search an option was given to the

applicant that if he wants then search may be taken by either a

Gazetted Officer or a Magistrate but he did not opt to be

searched either before a Magistrate or a Gazetted Officer and

thereafter on his consent search was made, therefore, it appears

that there is a substantial compliance of section 50 NDPS Act.

As from the possession of applicant, 225 gram of Alprazolam

tablet were recovered which is more than commercial quantity,

therefore, considering the stringent provision of section 37

NDPS Act, in view of this Court, it is not a fit case to release

the applicant on bail.

Accordingly, the instant bail application stands rejected.

Order Date :- 9.1.2023

Ankita

Digitally signed by :-

ANKITA SRIVASTAVA

High Court of Judicature at Allahabad