Harish Chandar Alias Sumit vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Harish Chandar Alias Sumit vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Harish Chandar alias Sumit released on bail in Case Crime No. 582 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with conditions against tampering with evidence, requiring cooperation in trial without adjournments, and forbidding criminal activity; breach of conditions is a ground for cancellation of bail, and identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

Issue for consideration

Whether the applicant, involved in Case Crime No. 582 of 2024 under Sections 8/20 of the Narcotic Drugs and Psychotropic Substance Act, is entitled to enlargement on bail during the trial. +1 more

Court's answer

Considering the quantity of Ganja alleged to have been recovered from the possession of the applicant, coupled with the fact that Section 37 of the N.D.P.S. Act has no application in the present case, the applicant has made out a prima facie case for bail.

Ratio / Principle

Section 37 of the N.D.P.S. Act has no application in the present case.

Key takeaways

The applicant Harish Chandar alias Sumit shall be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without adjournments; no indulgence in criminal activity), breach of any condition being a ground for cancellation of bail.ratio¶12

Detailed headnote1 paragraphs

Narcotic Drugs and Psychotropic Substance Act — bail granted. Applicant Harish Chandar alias Sumit, in custody since 13.12.2024 in Case Crime No. 582 of 2024 (Sections 8/20 NDPS Act, P.S. Navabad, District Jhansi) for alleged recovery of 6 Kgs and 82 Grams Ganja, sought bail under Section 483 of B.N.S.S., 2023. Counsel urged that the alleged recovery is below commercial quantity, so Section 37 of the N.D.P.S. Act is not attracted, and that the applicant has no criminal history. The State opposed but did not dispute the facts. Holding that Section 37 of the N.D.P.S. Act has no application and weighing the quantity recovered, the High Court (Sanjay Kumar Singh, J.) found a prima facie case for bail and allowed the application on a personal bond with two sureties, imposing conditions on tampering, trial cooperation and criminal activity, breach of which is a ground for cancellation; identity, status and residence proof to be verified before bonds are accepted. (Order dated 14.2.2025)

Neutral Citation No. - 2025:AHC:21556

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4826 of 2025

Applicant :- Harish Chandar Alias Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.

By means of this bail application under Section 483 of B.N.S.S., 2023, the applicant, who is involved in Case Crime No. 582 of 2024, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substance Act, P.S. Navabad, District Jhansi, is seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicant that applicant is being prosecuted on account of recovery of 6 Kgs and 82 Grams Ganja from his possession, in fact , nothing has been recovered from the possession of the applicant as alleged by the prosecution. It is further submitted that alleged recovery of 6 Kgs and 82 Grams Ganja is below commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act is not attracted in this case. The applicant has no criminal history. The applicant is languishing in jail since 13.12.2024 having no criminal history to his credit and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

Learned Additional Government Advocate for the State opposed the prayer of bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant.

Considering the quantity of Ganja alleged to have been recovered from the possession of the applicant coupled with the fact that Section 37 of N.D.P.S. Act has no application in the present case,

I am of the view that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed .

Let the applicant- Harish Chandar alias Sumit , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

(i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 14.2.2025 Kashifa

Digitally signed by :- KASHIFA High Court of Judicature at Allahabad