Bail may be granted in NDPS cases where there is a significant inconsistency between the substance described in the FIR and the FSL report, and where mandatory sampling procedures under Section 52-A of the NDPS Act are not strictly followed.

1. Heard Sri Istiyaq Ali, learned counsel for the applicant and Sri 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. 28 of 2026, under Section 8 /21/29 NDPS Act , registered at Police Station Fareedpur, District Bareilly, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 13.1.2026. It is further submitted that co-accused Afzal has already been granted bail by this Court vide order dated 16.4.2026 passed in Criminal Misc. Bail Application No. 11015 of 2026. It is further submitted that as per FIR, 500gram of smack (crude powder) is said to have been recovered from the possession of the applicant, however, it is submitted that mandatory provisions of Section 52-A of NDPS Act have not been complied with as the samples have not been taken in accordance with the Rules 9, 10 and 11 of the Rules published by the Union of India in the official gazette. It is also submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that alleged recovered contraband has been found to be heroine.

5. In reply, learned counsel for the applicant submits that there is glaring inconsistency in the alleged recovered crude powder and FSL report.

6. Co-accused Afzal has already been granted bail by this Court. As per FIR, 500gram of smack (crude powder) is said to have been recovered from the possession of the applicant, however, it is submitted that mandatory provisions of Section 52-A of NDPS Act have not been complied with as the samples have not been taken in accordance with the Rules 9, 10 and 11 of the Rules published by the Union of India in the official gazette. In the FSL report, alleged recovery has been found to be heroine. It is submitted that there is glaring inconsistency in the alleged recovered crude powder and in the FSL report.

7. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act and in view of the law laid down by Hon'ble Apex Court in Nadeem Ahmed vs. State of West Bengal , 2025 LawSuit (SC) 1134 (2025 INSC 993) and in view of the law laid down by Hon'ble Apex Court in Union of India vs. Shiv Shanker Kesari, 2007 (7) SCC 798 and 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

8. Let the applicant- Hasnain Khan involved in the aforesaid case crime 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 with the following conditions :-

(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 wit