Neutral Citation No. - 2025:AHC-LKO:39705 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6445 of 2025 Applicant :- Malkhan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. The present bail application has been filed by the accused-applicant seeking bail in Case Crime No. 80 of 2025, under Sections 8/15/60(3) of the Narcotic Drugs and Psychotropic Substances Act, Police Station Zaidpur, District Barabanki. As per the prosecution case, a recovery of 28.500 kilograms of poppy straw, allegedly kept in five bags, was made from truck bearing registration number RJ-19 GE 9082. Learned counsel for the applicant submits that the name of the applicant has surfaced only in the confessional statement of the co- accused, who is the owner of the truck. There is no recovery from the applicant. He has been falsely implicated. It is further submitted that there is non-compliance with Section 42 of the NDPS Act, as the alleged information received from the mukhbir (informant) was neither reduced into writing nor forwarded to the superior officer within the stipulated time. Additionally, there is non- compliance with Sections 55 and 57 of the Act, as the seal after packing the contraband was not handed over to any public independent witness, and the necessary reports were not submitted to the superior officers within 48 hours, as mandated. Learned counsel further submits that the alleged recovery falls under the category of ‘below commercial quantity’ as defined in the Schedule appended to the NDPS Act, and therefore, the rigors of Section 37 of the Act are not applicable in the present case. The applicant has has no criminal antecedents. The applicant is in custody since 08.06.2025. It is further submitted that there is no possibility of the applicant absconding or tampering with the witnesses, and in case he is released 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 learned counsel for the applicant. Considering the submissions advanced, perusal of the record, the fact that the recovered quantity is below commercial quantity, the provisions of Section 37 NDPS Act are not attracted, non-compliance of mandatory provisions under Sections 42, 55, and 57 NDPS Act, the applicant’s period of incarceration, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Malkhan Singh, involved in the aforesaid case crime number, 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, subject to the following conditions imposed in the interest of justice: The applicant shall not tamper with the evidence during the trial. The applicant shall not pressurize or intimidate the prosecution witnesses. 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. 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, it shall be open to the trial court to treat it as an abuse of the liberty of bail and pass appropriate orders in accordance with law. 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 IPC (now Section 269 of BNS). In case the applicant misuses the liberty of bail during trial and to secure his presence, proceedings under Section 82 Cr.P.C. (now Section 84 of BNSS) are initiated, and he fails to appear on the date fixed in such proclamation, then the trial court shall proceed against him under Section 174-A IPC (now Section 209 of BNS), in accordance with law. Order Date :- 11.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench