Dilshad vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

Dilshad vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed as withdrawn with liberty to file a bail application before the court concerned; 15 days' protection from coercive action; court concerned directed to decide the bail application expeditiously without unnecessary adjournments.

Issue for consideration

Whether the applicant's pending application under Section 528 BNSS seeking quashing of the summoning order could be withdrawn, with liberty to file a bail application before the court below.

Court's answer

The application under Section 528 BNSS was dismissed as withdrawn, with liberty to the applicant to approach the court concerned to file a bail application.

Ratio / Principle

In order to enable the applicant to approach the court concerned for bail, no coercive action shall be taken against him for a period of 15 days.

Key takeaways

If a bail application is preferred before the court concerned, it shall decide the same expeditiously without granting unnecessary adjournment to any party.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76), Application U/S 528 BNSS No. 47050 of 2025, Dilshad v. State of U.P., single judge bench (Hon'ble Vikram D. Chauhan, J.), decision dated December 10, 2025. The applicant had sought quashing of the summoning order dated 30.05.2025 passed by Special Judge NDPS Act/Additional Sessions Judge, Court No.12, Saharanpur in Sessions Case No.1828 of 2025, arising out of Case Crime No. 303 of 2024, under Section 29 of NDPS Act, Police Station Nakur, District Saharanpur. After some argument, counsel withdrew the application; the Learned AGA had no objection. The court dismissed the application as withdrawn with liberty to file a bail application before the court concerned, held coercive action in abeyance for 15 days to enable that approach, and directed the court concerned to decide the bail application expeditiously without granting unnecessary adjournments. No precedents were cited and no substantive adjudication of the quashing request took place.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47050 of 2025

Versus Dilshad	.....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: A.Z.Khan
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicant and learned AGA for the State.

The present application has been filed by applicant for quashing the summoning order dated 30.05.2025 passed by Special Judge NDPS Act/Additional Sessions Judge, Court No.12, Saharanpur in Sessions Case No.1828 of 2025 arising out of Case Crime No. 303 of 2024, under Section 29 of NDPS Act, Police Station Nakur, District Saharanpur.

After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken

NA528 No. 47050 of 2025

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against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.

The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction.

December 10, 2025 Shahroz

(Vikram D. Chauhan,J.)

Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad