HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9771 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 0253 of 2025, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "N.D.P.S Act"), Police Station- Mohanganj, District- Amethi. 3. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. 4. It is further stated that the applicant has been implicated by the police officers of Police Station- Mohanganj, District- Amethi on 11.09.2025 showing recovery of 75 gms. of 'Smack' (opium) from the possession of the applicant and co-accused/Hansraj Pasi has been implicated by making allegations that he provided 75 gms. of 'Smack' to the applicant. 5. It is further stated that prior to lodging of FIR in issue i.e. FIR No. 0253 dated 11.09.2025, the police officers of the police station i.e. Police Station- Jayas, District- Amethi also implicated the applicant making allegations to attract the offence as indicated under Section 8/21 of N.D.P.S. Act and according to the same, the applicant was having 20 gms. of 'Smack' in his possession. This FIR was registered as Case Crime No. 240 of 2023 on 31.07.2023. 6. It is further stated that another FIR registered as Case Crime No. 46 of 2024, under Section 8/21 of N.D.P.S. Act was also lodged against the applicant at Police Station- Jayas, District- Amethi. Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Afsar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) 7. It is further stated that in Case Crime No. 240 of 2023, the applicant has been released on bail vide order dated 10.08.2023 passed by Additional Sessions Judge FTC I, Rae Bareli in Bail Application No. 2793 of 2023 and in Case Crime No. 46 of 2024, the applicant has also been released on bail vide order dated 09.04.2024 passed by this Court in Criminal Misc. Bail Application No. 3913 of 2024. 8. It is further stated that the procedure prescribed under the N.D.P.S. Act with regard to search, seizure and making samples of contraband was not followed by the prosecution, which would be fatal to the case of prosecution. 9. It is further stated that till date the FSL report is not available to establish the case before the trial court. 10. It is also stated that the applicant has been implicated just to win laurels of the higher officials of the administration. 11. It is also stated that in earlier cases related to N.D.S.P., in which the applicant was arrested and has been released on bail, are not proceeding as required under the law. 12. It is submitted that considering the aforesaid including the quantity of contraband substance recovered and the fact that the applicant has already been enlarged on bail in earlier cases related to N.D.P.S. Act, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail, will cooperate in trial and will not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 13. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 14. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that the recovery of the contraband substance is less than the scheduled commercial quantity and also the order dated 05.06.2024 passed in Criminal Misc. Bail Application No. 3604 of 2024, wherein this Court in para 38 observed that, "I am of the considered view that the restrictions contained in Section 37 of the NDPS Act were meant to be applicable to Courts other than the Constitutional Courts and in view of the provision contained in Section 36-A (3) of NDPS Act, those restrictions do not apply to the Constitutional Courts", this Court is of the view that the application has substance and it is accordingly allowed. 15. Let the applicant- Afsar be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable BAIL No. 9771 of 2025 2 sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 16. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 17. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 10, 2025 Arun/- BAIL No. 9771 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench