HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9340 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rohit Shukla, the learned counsel for the applicant as well as Sri Akhilesh Kumar Awasthi, the learned counsel for the respondent- Narcotics Control Bureau (N.C.B) and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.07/2025/N.C.B/LKO, under Sections 8/18/29 of the Narcotic Drugs and Psychotropic Substances (Amendment) Act (NDPS Act), registered at Police Station Narcotics Control Bureau (N.C.B), District Lucknow. 3. The aforesaid case has been registered on the basis of a search cum seizure memo prepared on 09.03.2025, stating that on the basis of information received from a reliable source, two persons were arrested from Charbagh Railway Station. 2.550 Kg Opium packed in two packets was recovered from one person Pappu Kumar and a similar recovery was made from the other accused person Deepak Kumar. In their custodial statements, they stated that they were going to deliver the substance to the applicant and another person Roop Chandra. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the respondent has opposed the bail application and he has sought time for filing a counter affidavit stating that it is mandatory Versus Counsel for Applicant(s) : Sushil Kumar Shukla, Rohit Shukla, Satyam Ojha Counsel for Opposite Party(s) : Akhilesh Kumar Awasthi Sanjeev Gupta .....Applicant(s) Union Of India Thru. Ncb .....Opposite Party(s) to give an opportunity to the N.C.B to file a counter affidavit in view of the statutory provisions contained in Section 37 of the Narcotic Drugs and Psychotropic Substances (Amendment) Act. 6. In Vimal Rajput Vs. State of U.P.: 2024 SCC OnLine ALL 4620, this Court has held that the provisions of Section 37 of the N.D.P.S Act do not affect the special powers of the High Court under Section 449 Cr.P.C to grant bail to an accused person. So far as the contention of the the learned counsel for the respondent that the respondent has right to file a counter affidavit, Section 37 merely provides that the public prosecutor shall be given an opportunity to oppose the bail application. A copy of the bail application was served on the learned counsel for the respondent prior to its filing on 23.09.2025. The bail application is being heard today on 06.10.2025. Therefore, the respondent have ample opportunity to oppose the bail application and a counter affidavit ought to have been prepared in the intervening period in case the respondent so desire. 7. This Court does not feel it necessary to give an opportunity to file a counter affidavit becasue Sri Awasthi, the learned counsel for the respondent, has specifically stated that he has received instructions in the matter and no material fact has been concealed while filing the bail application. He has submitted that as per his instructions, the only material that has come to light during investigation is the custodial statements recorded by the Investigating Officer and no other material has come to light. He has further submitted that a complaint has already been filed on 04.09.2025. 8. In these circumstances, it is not necessary to give an opportunity to the respondent N.C.B to file a counter affidavit when this bail application is being heard after more than two weeks' since its filing. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial confessional statements of co-accused persons and no other material has come to light during investigation which already stands concluded; that the applicant has no previous criminal history and he is languishing in jail since 18.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. BAIL No. 9340 of 2025 2 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Sanjeev Gupta be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. October 6, 2025 Preeti BAIL No. 9340 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench