Bail may be granted in NDPS cases where the recovered quantity is below the commercial threshold, the accused has no criminal antecedents, and parity is established with a co-accused.

Order

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Suresh Kumar S/o Thakra Ram Khilleri seeking bail in respect of a criminal case registered as FIR No. 85/2026 dated 30.04.2026 registered at P.S. Parsola, District - Pratapgarh , for the offence under Sections 8/15 of NDPS Act.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for the applicant submitted that this Court has allowed the bail application of co-accused Shrawan on 16.05.2026, and the case of the present applicant is on parity with him. He further submitted that the police has recovered poppy husk in a quantity lesser than the commercial quantity from a car at the time of the alleged transportation. He also submitted that there are no criminal antecedents against the applicant.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. This Court allowed the bail application of accused Shah Rukh on 16.05.2026, and while doing so, observed as under

“On 30.04.2026, SHO, PS Parsola has intercepted a Swift Car No. G 09 BB 1229, which was driven by Shrawan and Suresh Kumar was sitting with him. On search of Car, police has recovered 40.954 Kgs. of poppy husk from 3 gunny bags. FIR No.85/2026 under Sections 8/15 of NDPS Act was registered at P.S. Parsola. The recovered quantity is less than commercial quantity and there is no criminal antecedent against the petitioner. The trial Court has dismissed the bail of the accused-petitioner Shrawan only on the ground that the petitioner cannot be provided benefit of bail within ten days of his custody.”

7. The material available on record indicates that the police recovered 40.954 kilograms of poppy husk, which was being transported in a Swift car. The petitioner, along with Shrawan were the occupier of the said car. At the time of search and seizure, the recovered quantity was less than the commercial quantity, and there were no criminal antecedents against the petitioner.

8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused.

9. Thus, the instant bail application filed on behalf of applicant-accused Suresh Kumar S/o Thakra Ram Khilleri, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any