Neutral Citation No. - 2025:AHC:107481 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6945 of 2025 Applicant :- Rambabu Singh Opposite Party :- Union of India Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- Krishna Agarawal Hon'ble Avnish Saxena,J. 1. Sri Ramesh Kumar Singh, learned counsel appears for the applicant and submit that the accused/applicant has been implicated in Case No.Nil of 2024, under Sections 8/22 N.D.P.S. Act, Police Station C.B.N., District Ghazipur. 2. Sri Singh further submits that the applicant has been falsely implicated in this case by the Central Bureau of Narcotics, Ghazipur by way of vengeance as there is a dispute between him and his neighbour, who are in touch of the Narcotics Bureau and, therefore, the Narcotics Bureau has entered the shop of the applicant and confiscated three Psychotropic substances in the form of medical drug, which is shown open for sale. The entire arrest and recovery has been carried out after switching off the CCTV of the shop of the applicant, where the raid has been conducted. There is no mandatory compliance of the provisions of N.D.P.S. Act. All other items are also shown confiscated by the Narcotics Bureau. The accused-applicant is languishing in jail since December, 2024. 3. Sri Krishna Agarwal, Advocate appears for Central Bureau of Narcotics and submits that the entire arrest and recovery of contraband has been made on 14.12.2024. The complaint has been filed in the month of June, 2025, which is well within time. The entire process of arrest and recovery has been made in the presence of two independent witnesses. The point of vengeance argued before the Court is not mentioned in the bail application. The bail cannot be granted in view of Section 37 of N.D.P.S. Act. He has relied upon the following judgements of the Apex Court in the cases of The State of Meghalaya Vs. Lalrintuanga Sailo & Anr. reported in 2024 6 Supreme 568, Union of India through Narcotics Control Bureau, Lucknow Vs. MD. Nawaz Khan reported in (2021) 10 SCC 100 and Narcotics Control Bureau Vs. Kashif reported in 2024 0 Supreme (SC) 1264. 4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the team of Narcotics Bureau has made inspection of the shop premises of accused on 14.12.2024. The complaint has been submitted before the Court, according to Sri Agarwal, in the month of June, 2025. No plausible reply provided in switching off CCTV cameras of the shop. Accused is running 'Khushi General Store'. Accused does not have any criminal history of previous conviction or criminal antecedents. The allegedly seized contraband are medical drugs. The mandatory compliance of the provisions of NDPS Act is subject to adjudication in trial. 6. The counter affidavit does not reveal the statements of two independent witnesses. The accused is in jail since last six months, the trial has not been started. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant- Rambabu Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 8.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad