HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11073 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.13 of 2025-26 under Section 20(b) and 23(c) of the NDPS Act, 1985, Police Station Air Intelligence Unit, Customs CCSI Airport, Lucknow. Learned counsel for the applicant submits that the applicant is a lady. It is alleged that 2.928 kg of ganja was recovered from her possession. The said recovery is stated to have been made from a trolley bag of the applicant at the airport. It is further alleged that the applicant was travelling from Bangkok. Learned counsel for the applicant further submits that the recovered quantity is below the commercial quantity. It is also contended that the mandatory provisions under Sections 42 and 50 of the N.D.P.S. Act have not been complied with. It is next submitted that the applicant’s trolley bag had already passed through the stringent security checks at Bangkok Airport, where no intoxicating material was detected. There is no plausible explanation in the prosecution case as to how, after the applicant collected her trolley bag from an international flight at Bangkok Airport, the contraband is subsequently shown to have been recovered at the Lucknow Airport. It is also submitted that there is no likelihood of the applicant Versus Counsel for Applicant(s) : Anurag Tripathi Counsel for Opposite Party(s) : Kuldeepak Nag (K.D.Nag) Miss Kanchan Shailesh Patil .....Applicant(s) Union Of India Thru. Air Comm. Custom Lko .....Opposite Party(s) absconding or tampering with the prosecution witnesses. It is assured that in case the applicant is enlarged on bail, he shall not misuse the liberty so granted. Shri K.D. Nag, learned counsel appearing on behalf of the respondent, has opposed the bail application and submitted that the applicant is a resident of Maharashtra, and there is an apprehension that she may not cooperate in the trial. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the fact that the alleged recovery is much below the 'commercial quantity' of 20 kg, the actual recovery is only 2.928 kg; the applicant is a lady; she has no criminal antecedents; there is no independent witness to the recovery; the mandatory provisions of the N.D.P.S. Act do not appear to have been complied with; the applicant undertakes to cooperate in the trial; and she is in jail since 18.09.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.. Accordingly, the bail application is allowed. Let the applicant Kanchan Shailesh Patil be released on bail in the aforesaid case crime number, subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 such person from disclosing those 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 she shall not seek any adjournment on the dates fixed for evidence when the BAIL No. 11073 of 2025 2 witnesses are present in court. In case of default of this condition, it shall be open to the trial court to treat it as an abuse of the 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 her counsel. In case of her absence without sufficient cause, the trial court may proceed against her under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and, in order to secure her presence, a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and if the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her in accordance with law under Section 174-A IPC (now Section 209 BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 15, 2025 Madhu D.R/P.S BAIL No. 11073 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench