Neutral Citation No. - 2025:AHC-LKO:42708 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2613 of 2025 Applicant :- Mohd. Irshad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ramakar Shukla,Lalji Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. In the prosecution case, it is alleged that, acting on a tip-off received from an informer, a Duster car was intercepted. Two accused persons were apprehended from the vehicle, and upon their personal search, 321 grams of smack were allegedly recovered, out of which 10 grams were taken as a sample. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is contended that the applicant was not informed of his legal right under Section 50 of the N.D.P.S. Act, i.e., to be searched in the presence of a Magistrate or a Gazetted Officer. The applicant has explained his criminal antecedents in paragraphs 22 to 35. There is no prior criminal antecedent of any NDPS case. He is in custody since 10.02.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He submits that the quantity of contraband recovered falls under the category of 'commercial quantity,' and hence the applicant should not be granted bail. On due consideration to the apparent non-compliance of Section 50 of the NDPS Act, as the search and seizure were not conducted in the presence of a Magistrate or a Gazetted Officer; absence of any previous criminal antecedent of the applicant of NDPS Act, the twin conditions of 37(1)(b) of the NDPS Act appears to have been satisfied and there are reasonable grounds for believing that the applicant may not be held guilty of the alleged offence and he is not likely to commit any offence while on bail. In view of the above, the bail application of the applicant is allowed. Let the applicant Mohd. Irshad involved in Case Crime No. 97/2025, under Sections 8/21 N.D.P.S. Act, P.S., P.S. Kotwali Nagar, District Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). Order Date :- 24.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench