HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44562 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Lalit Kumar Tripathi, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 2. At the very outset, learned counsel for the applicant seek permission to make necessary correction in the memo of application. 3. Prayer aforesaid is allowed. He may do so during course of day. 4. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 1074 of 2024, under Section 8,20, 29 NDPS Act, registered at Police Station Kotwali Nagar, District Banda, during pendency of the trial. 5. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 24.12.2024. It is further submitted that co-accused Manoj Kumar Mishra from whose possession 210kg ganja in 43 packets is said to have been recovered has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.1.2026 passed in Criminal Misc. Bail Application No. 29850 of 2025. It is further submitted that mandatory provisions of Sections 42, 50, 52A, 57 of NDPS Act have not been complied with and grounds of arrest were not disclosed to the applicant.. It is also submitted that the applicant Versus Counsel for Applicant(s) : Ankit Tiwari, Lalit Kumar Tripathi Counsel for Opposite Party(s) : G.A. Aslam .....Applicant(s) State of U.P. .....Opposite Party(s) undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 6. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted 210kg ganja in 43 packets has been recovered from the conscious possession of the applicant and co- accused Manoj Kumar Mishra. It is also submitted that FSL report is available on record which corroborates that the recovered item was ganja. It is further submitted that provisions of Section 50 of the NDPS Act has been duly complied with. 7. As per FIR, it is alleged that the applicant and co-accused Manoj Kumar Mishra are said to be carrying 210kg of ganja in 43 packets in a vehicle, however, it is submitted that mandatory provisions of Sections 42, 50, 52A, 57 of NDPS Act have not been complied with. Co-accused Manoj Kumar Mishra has already been granted bail by a co-ordinate Bench of this Court. The applicant has been languishing in jail since 24.12.2024. 8. Rule 9 and 10 of Ministry of Finance (Department of Revenue) Notification New Delhi, the 23rd December, 2022 reads as under:- "9. Samples to be drawn in the presence of Magistrate - After application to the Magistrate under sub-section (2) of section 52A of the Act is made, the Investigating Officer shall ensure that samples of the seized material are drawn in the presence of the Magistrate and the same is certified by the magistrate in accordance with the provisions of the said-sub-section. 10. Drawing the samples - (1) One sample, in duplicate, shall be drawn from each package and container seized. (2)When the packages and containers seized together are of identical size and weight bearing identical marking and the contents of each package give identical results on colour test by the drugs identification kit, conclusively indicating that the packages are identical in all respects, the packages and containers may carefully be bunched in lots of not more than ten packages or containers, and for each such lot of packages and BAIL No. 44562 of 2025 2 containers, one sample, in duplicate, shall be drawn:- Provided that in the case of ganja, poppy straw and hashish (charas) it may be bunched in lots of not more than fourty packages or containers. (3) In case of drawing sample from a particular lot, it shall be ensured that representative sample in equal quantity is taken from each package or container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot." 9. In the decisions in Pankaj Bansal v. Union of India 2024 (7) SCC 576, Prabir Purkayastha v. State (NCT of Delhi) 2024(8) SCC 254 and Vihaan Kumar v. State of Haryana AIR 2025 SC 1388, it has been held that the requirement of informing a person of grounds for arrest is a mandatory requirement of Article 22(1) and also that the information of the grounds for arrest must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts confuting the grounds imparted and communicate to the arrested person effectively in the language which he understands. 10. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of the NDPS Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 11. Let the applicant- Aslam involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. BAIL No. 44562 of 2025 3 (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) 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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 23, 2026 Abhishek BAIL No. 44562 of 2025 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad