HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12762 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Nanhe Lal Tripathi, learned counsel for applicant as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.270 of 2024, under Sections 8/20,25,29,60 of N.D.P.S. Act, Police Station- Babina, District- Jhansi with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant is stated to have been arrested alongwith co-accused persons Sandeep and Sadab Mansoori from Eicher Truck no.UP83 CT 6568 from highway near Babina. After taking the search of the said truck, 526.60 kg. of Ganja is stated to have been recovered from it. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the instant case. The applicant is shown to be the cleaner of the said vehicle, but he has nothing to do with the said offence. He had simply taken a lift in the said vehicle as he was going from Sagar to Jhansi. The owner of the said vehicle is Ashish Kumar and the driver is Sadab Mansoori and co-accused Sandeep is another driver. 6. Learned counsel for the applicant has further stated that there is no Versus Counsel for Applicant(s) : Nanhe Lal Tripathi Counsel for Opposite Party(s) : G.A. Vijay Bansal .....Applicant(s) State of U.P. .....Opposite Party(s) compliance of mandatory provisions of Section 50 of NDPS Act as initially the CO Sadar was called but he was busy in Muharram procession and could not reach there. After much persuasion even the SDM Sadar could not reach there, as such, the vehicle was taken to police chowki, whereby the SDM Sadar reached and search of the said vehicle was undertaken, which is against all tenements of law. 7. It is further stated by learned counsel for the applicant that there is no criminal history of the applicant. The applicant is in jail since 17.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the recovered contraband is of heavy amount and is much above the commercial quantity, as such, the applicant is not entitled for bail. 9. After hearing learned counsel for the parties, taking into consideration the fact that applicant has been arrested alongwith two other accused persons and the recovered contraband being more than five quintal coupled with the fact that there is compliance of Section 50 of NDPS Act, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 12, 2025 Vikas Verma BAIL No. 12762 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad