Neutral Citation No. - 2025:AHC-LKO:37070 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 772 of 2025 Applicant :- Vikki Gupta @ Vikki Nepali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Shubham Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents. The present bail application has been filed seeking anticipatory bail in case crime No.165/2025, under Sections 8/21/2023 of NDPS Act, P.S. Palia, District Kheri. In the prosecution case it is alleged that while the police was on patrolling duty, they were informed by the secret informer regarding selling of brown sugar by a lady in front of a degree college. On this information that lady was arrested. From her personal search 150 gms brown sugar was recovered and on her pointing out 300 gms ( in 6 packets) brown sugar was recovered from a bathroom. It is further alleged that in the police custody, she has confessed that in this trade she is not alone rather she does this with the aid of Vikki Gupta, the present applicant and his wife Basanti towards 50% partnership in this business. Both Vikki Gupta and his wife supervise the work of the co-accused Kailash Kaur who was arrested. She has further stated that while she was arrested Vikki Gupta alias Vikki Nepali and his wife Basanti were on road and after seeing the police, they ran away. Learned counsel for the applicant submits that applicant is innocent and has explained the criminal history of two cases including one NDPS case. He submits that baseless charges have been framed against the applicant in the prosecution case. There is no evidence against the applicant except the confessional statement of the co-accused Kailash Kaur that has been given in the police custody. Learned A.G.A. has opposed the bail application and has submitted that NDPS is a special act. The complicity of the applicant is evident. His name has surfaced in the confessional statement of the co-accused. The alleged recovery of brown sugar is above commercial quantity. It is lastly submitted that the applicant has already a criminal history of two cases out of which one is of NDPS. Perused the record so also the rigors of Section 37 NDPS Act and the fact that applicant has criminal history of two cases out of which one is relating to NDPS, the recovered quantity from the co-accused is commercial, there is no reason to this Court to disbelieve the statement of the co-accused Kailash Kaur from whose possession 150 gms brown sugar and 300 gms brown sugar on her pointing out has been recovered, the recovered quantity is commercial in nature, it is a serious offence, there is no question of false implication, the anticipatory bail application is misconceived and is accordingly rejected. Order Date :- 1.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench