In cases involving commercial quantities of contraband under the NDPS Act, the stringent requirements of Section 37 apply; trial delays, length of custody, or minor procedural irregularities in recovery memos are not sufficient grounds to grant bail.

Heard Shri D. K. Srivastava, learned Senior Counsel assisted by Ms. Disha Srivastava, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State and perused the entire material available on record.

This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 3.3.2025 passed in Criminal Misc. Bail Application No. 39678 of 2024, a copy of which has been brought on record as Annexure-1 to the bail application.

The applicant Deepak, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 890 of 2024, under Sections 21 /22 of the Bharatiya Nyaya Sanhita, 2023, Police Station Highway, District Mathura, during the pendency of the trial before the Court below.

In support of this second bail application, learned Senior counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.

Apart from the above, learned Senior Counsel for the applicant submits that charge sheet in this case was filed on 18.11.2024 and charges against the applicant were framed on 1.5.2025. Learned Senior Counsel submits that in the Trial Court only dates are being fixed for prosecution evidence. The case of the applicant is proceeding at a snail's pace. There are 08 witnesses as per the charge sheet and all are the Police personnel. Till date none of the prosecution witnesses have been examined so far. The applicant is languishing in jail since 12.9.2024. The applicant has criminal history of four other cases, which have been duly explained. No other case is under the NDPS Act.

Learned Senior Counsel further submits that applicant has been falsely implicated in this case because FSL report of some other case i.e. State versus Goverdhan @ Guddu has been annexed with the case of present applicant as no applicant in the name of Goverdhan @ Guddu has been arrayed as accused in the present case. The Parcha No. 7 of the case diary dated 18.11.2024 containing the extracts of the FSL report has been brought on record to substantiate the submission.

Learned Senior Counsel further submits that on the recovery memo, the investigating officer has not obtained the signature of the applicant and only the signature of co-accused Chand Babu exists which is a gross illegality entitling the applicant to bail.

Shri Vijendra Kumar, learned AGA has vehemently opposed the prayer for bail.

Learned AGA from the case diary points out that perusal of letter No. 3412-KM-455-24 dated 4.10.2024 of Joint Director, FSL, Agra addressed to Circle Officer, Refinery, Mathura, it is crystal clear that FSL report in case State versus Deepak and others, Case Crime No. 890 of 2024, under Section 21 /22 of NDPS Act, Police Station Highway, Mathura has been received, which certified that recovered contraband was Alprazolam.

Learned AGA submits that recovery of 500 grams of Alprazolam was made from the possession of applicant and after obtaining consent as required under Section 50 of the NDPS Act, the search was carried out. The mandatory provisions of Section 105 BNSS has been complied with by the investigating officer. It is accordingly submitted that the bail plea deserves outright rejection.

I have considered the rival submissions advanced by learned counsel for the parties and perused the material available on record.

It is evident that during search 500 grams of Alprazolam is stated to be recovered from the conscious possession of the applicant, which is more than commercial quantity.

The perusal of letter No. 3412-KM-455-24 dated 4.10.2024 of Joint Director, FSL, Agra, it is clear that FSL report in this very case crime number has been received and the recovered contraband was found to be Alprazolam. The contention of learned Senior Counsel for the applicant that the F