Surendra Kumar Verma @ Surendra Kumar Vs State of U.P… — Narcotics (NDPS) | Allahabad HC (2026)

Surendra Kumar Verma @ Surendra Kumar Vs State of U.P… — Narcotics (NDPS) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application finally disposed of: if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application is to be decided in light of the Supreme Court observations in Satender Kumar Antil, Siddharth and Aman Preet Singh; execution of the NBW kept in abeyance for three weeks or until appearance, whichever is earlier.

Issue for consideration

Whether the order dated 07.09.2024 issuing a non-bailable warrant against the applicant in Special Case No. 666 of 2023 should be quashed, given the contention that the applicant was on bail, that summons and other process were not shown to have been served, and that no summon or bailable warrant preceded the NBW.

Court's answer

The instant application is finally disposed of with a direction that in case the applicant appears before the court below within three weeks from the date of the order.

Ratio / Principle

Upon such appearance, if the applicant applies for bail/recall of the non-bailable warrant, his application shall be decided by the court below in the light of the observations made by the Supreme Court in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676, and Aman Preet Singh v. CBI, 2021 SCC Online SC 941.

Key takeaways

Execution of the non-bailable warrant against the applicant shall remain in abeyance for a period of three weeks from the date of the order or until the applicant appears before the court below, whichever is earlier.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), by order dated May 7, 2026 in Application U/S 528 BNSS No. 18929 of 2026, disposed of an application under Section 528 BNSS seeking quashing of the order dated 07.09.2024 passed by the Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Court No. 5, Varanasi in Special Case No. 666 of 2023 (arising out of Case Crime No. 171 of 2023, P.S. Lanka, District Varanasi), whereby a non-bailable warrant was issued against the applicant. The applicant contended he was on bail when the NBW was issued and that no summon or bailable warrant preceded it. The Court directed that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676, and Aman Preet Singh v. CBI, 2021 SCC Online SC 941. Execution of the NBW was kept in abeyance for three weeks or until the applicant appears, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18929 of 2026

Surendra Kumar Verma @ Surendra Kumar

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Deshraj Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Deshraj Singh, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State are present.

The present application under Section 528 BNSS has been filed to quash the order dated 07.09.2024 passed by Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Court No. 5, Varanasi in Special Case No. 666 of 2023, arising out of Case Crime No. 171 of 2023, P. S. Lanka, District Varanasi, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits that the applicant was on bail at the time of issuing non-bailable warrant. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

Learned A.G.A. as well as learned counsel for the opposite party no. 2 have opposed the application.

Considering submissions of learned counsel for the applicants and perusing record, the instant application is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today

NA528 No. 18929 of 2026

2

and applies for bail/recall of non bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 .

For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

May 7, 2026 MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad