HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12588 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2.This bail application has been moved on behalf of the accused/applicant- Laxmi Shankar Upadhyay for grant of bail in Case Crime No. 372 of 2025, under Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Manduadeeh, District Varanasi, during the pendency of trial. 3. Learned counsel for the accused-applicant, while pressing the bail application, submits that, the accused-applicant has falsely been implicated in this case and he has not committed any offence, as alleged by the prosecution. He further submits that, 950 gms. Heroin is alleged to have been recovered from the possession of the applicant in the first information report of this case. In fact, no such recovery was effected from the applicant. It is further submitted that, since such recovery is not supported by independent witness, possibility of his false implication in the crime, cannot be ruled out and it is also submitted that, while the seizure was conducted, the concerned authorities did not follow the procedure prescribed in the act and the said seizure is a sham exercise in the absence of the procedure, as prescribed under the act and the law settled on the subject, therefore, the arrest of the applicant/accused becomes illegal. It is further submitted that, nothing has been recovered from the personal possession of the applicant. He lastly submitted that the applicant, who is in jail since 25.12.2025 and has no criminal antecedents to his discredit is entitled to be enlarged on bail during pendency of the trial. Versus Counsel for Applicant(s) : Ali Hasan, Asif Hasan Counsel for Opposite Party(s) : G.A. Laxmi Shankar Upadhyay .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra, learned AGA appearing on behalf of State submits that, the quantity of Heroin, which has been recovered from the possession of the accused- applicant is 950 gms, above the commercial quantity. The concerned officials have followed due procedure of law, while seizing the Heroin and arresting the accused. He further submits that, innocence of the applicant cannot be adjudged at pre trial stage, who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activity. 5. Having considered the rival contentions of the parties and the fact that, 950 gms. Heroin has been recovered from the possession of the accused- applicant and the impact of circulation of 950 gms. Heroin in the society is likely to spoil the carrier of the youth across the country, wherever it comes into circulation and is consumed. Therefore, it is beyond the category of economic offence, as such, it has twin impacts; first of all it promotes illegal earning of money, i.e., having unlawful pecuniary gain by the persons, who are engaged in such illegal trade and business, secondly, it destroys the very fabric of the society, when a youth, either studying or preparing to secure job or running a business, comes in the contact of such persons and consumes such items, such as. Heroin, then the same results in destroying the family at large and consumption of narcotic substance is a bane on the society. By all means, it is to be reduced and minimized to the maximum extent, wherein the State is taking all such steps to minimize the illegal use, trade and consumption of such substance. Therefore, having considered the economic and social aspects and the gravity of the crime, its impact on the society, the instant bail application moved on behalf of accused / applicant Laxmi Shankar Upadhyay is hereby rejected. 6. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 30, 2026 Faridul BAIL No. 12588 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad