Neutral Citation No. - 2025:AHC:13689 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1659 of 2025 Applicant :- Shakib Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri J.B. Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 621 of 2024, under Sections 21/22 N.D.P.S. Act, Police Station Sardhana, District Meerut during pendency of the trial. 3. As per prosecution from the possession of applicant and co- accused huge quantity of Alprazolam Tablets were recovered and from the individual possession of applicant 7500 Alprazolam tablets were recovered. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and however, as per allegation, from the individual possession of applicant total 7,500 Alprazolam tablets were recovered, which is huge commercial quantity, but it reflects that only some of the tablets have been sent for chemical analysis, therefore, it cannot be said that other remaining tablets were also Alprazolam tablets. 5. He further submits, even at the time of recovery no public witness was taken. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.11.2024. 6. Per contra, learned AGA opposed the prayer for bail and submits, from the possession of applicant and co-accused huge commercial quantity of Alprazolam tablets were recovered, therefore, it cannot be said that applicant has been falsely made accused in the present matter. 7. Learned AGA further submits, the fact that whether sample has been drawn in accordance with the provisions of Section 52 of N.D.P.S. Act or not it could be properly ascertained by the trial court, therefore, considering the provisions of Section 37 of N.D.P.S. Act applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, from the possession of applicant and another accused more than 15,000 Alprazolam tablets were recovered and from the individual possession of the applicant 7,500 Alprazolam tablets were recovered, therefore, as per allegation, from the possession of applicant huge commercial quantity of Alprazolam tablets were recovered. 10. Further, learned counsel for the applicant vehemently submitted that from the perusal of the recovery memo of the case, it reflects, sample has not been drawn in accordance with law and prima facie, it appears to be a case of violation of Section 52-A of N.D.P.S. but this Court finds merit in the argument advanced by learned AGA that whether there is non compliance of provisions of Section 52-A of N.D.P.S. Act can only be ascertained by the trial court during the course of trial and at this stage this Court cannot give any definite finding in this regard. 11. Further, applicant could not bring any good reason for his false implication and at this stage it cannot be said that he is not guilty. 12. Therefore, considering the facts and circumstances of the case discussed above and provisions of Section 37 of N.D.P.S. Act, in my view, applicant is not entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 14. 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. Order Date :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad