The court granted bail in an NDPS case involving the recovery of ganja, evaluating the fitness for bail based on procedural compliance of sampling and search rules and established judicial precedents regarding the liberty of the accused during trial pendency.

1. Heard Shri Brijesh Kumar Pandey, learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No. 78 of 2026, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Farah, District Mathura, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that 29.760 Kg of ganja is said to have been recovered from the joint possession of the applicant and co-accused Gopal. It is further submitted that the samples have not been taken in accordance with the Rules 9,10 and 11 of the notification published by the Union of India in the official gazette and the samples have not been certified by the learned Judicial Magistrate. It is further submitted that the mandatory provisions of Sections 50 and 52-A of N.D.P.S. Act have not been complied with. The applicant is languishing in jail since 11.03.2026, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the alleged recovery has not been made from the possession of the applicant rather the same has been made from a motorcycle and therefore, the provisions of Section 50 N.D.P.S. Act shall not be applied and the samples have been taken in accordance with the Rules 9,10 and 11 of the notification published by the Union of India in the official gazette.

5. As per allegations in the first information report, 29.760 Kg of ganja is said to have been recovered from the joint possession of the applicant and co-accused Gopal. It is further submitted that the samples have not been taken in accordance with the Rules 9,10 and 11 of the notification published by the Union of India in the official gazette and the samples have not been certified by the learned Judicial Magistrate. It is further submitted that the mandatory provisions of Section 52-A of N.D.P.S. Act have not been complied with. The applicant is languishing in jail since 11.03.2026.

6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of N.D.P.S. Act and the law laid down in the case of Nadeem Ahmad Vs. State of West Bengal 2025 LawSuit (SC) 1134 (2025) INSC 993) and Union of India vs Shiv Shanker Kesari (2007) 7 SCC 798 without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.

7. Let the applicant- Pappu @ Mahendra involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the c