Neutral Citation No. - 2025:AHC:103918 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4046 of 2025 Applicant :- Ibrahim Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Ibrahim for the offence punishable under Sections 8/20 N.D.P.S. Act in Case Crime No.834 of 2024, Police Station- Highway, District-Mathura. 2. Ms.Abhilasha Singh, learned advocate, appears on behalf of applicant and submits that the accused-applicant has no role to play in the matter, who is a gratuitous passenger in a truck from where the alleged contraband has been confiscated by the police. It is further submitted that the mandatory compliance of Section 50 of the N.D.P.S. Act has not been carried out and the entire arrest and recovery has been carried out in absence of independent witness. As such, the accused-applicant is liable to be released on bail. 3. Per contra, learned AGA has opposed the prayer for bail and submitted that the commercial quantity of Ganja is 20 kg. whereas huge quantity of 240 kg. of Ganja has been recovered from the truck. It is further submitted that the charge-sheet has been filed. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The compliance of mandatory provisions of N.D.P.S. Act is subject to trial. The accused-applicant is in jail since 26th August, 2024, against whom the charge-sheet has been submitted. 6. Hence, without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 3.7.2025 LN Tripathi (Avnish Saxena,J) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad