Neutral Citation No. - 2025:AHC:103800 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6597 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Raman Pandey,Subham Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Counter affidavit filed by learned A.G.A. is taken on record. Rejoinder affidavit to the counter affidavit is already present on record. 2. Sri A.C.Srivastava, Advocate and Ms Preeti, Advocate, holding brief of Sri Raman Pandey, appear for the applicant and submit that the accused/applicant has been falsely implicated in Case Crime No.649 of 2024, under Sections 8/20/29/37/60 N.D.P.S. Act, Police Station Gadhmukteshwar, District Hapur. 3. Learned counsels for the accused-applicant, contend that a quantum of 40 kg of Ganja has been allegedly recovered from the accused-applicant. There is no independent witness of arrest and recovery. The mandatory provision of Section 50 of N.D.P.S. Act has not been complied. The applicant has no criminal history. The applicant is languishing in jail since 18.12.2024. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that a huge quantity of contraband has been confiscated at the behest of the accused. The charge-sheet has already been submitted. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The record prima facie reveals that the arrest and recovery has been made in absence of independent witness. The applicant- accused was found sitting at the back seat of car and two suitcases allegedly carrying narcotic drugs has been disclosed by the accused. The mandatory compliance of N.D.P.S. Act is the matter of adjudication. Charge-sheet has already been submitted.The applicant has no criminal history to his credit. 7. Hence, without touching the merit of the case, the bail application is allowed. 8. The accused/applicant-Waseem 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 :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad