HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24633 of 2026 Court No. - 68 (Sr. No.40 out of 114) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.110 of 2026, under Section 8/20(b), 60 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station- Kheragarh, District Agra, during the pendency of trial. 4. Learned counsel for the applicant has argued that initially, 39.58 kg of ganja was recovered from the applicant in 21 packets, and the said contraband was mixed by the police. Thereafter, 22 packets were prepared, out of which one packet contained the said polythene bags, and the remaining contraband was packed in 21 other packets. However, the FSL report annexed at page no.7 of the counter-affidavit indicates that the said contraband was sent to the FSL in 20 packets. The said discrepancy speaks foul play by the police; thus, there is no proper compliance with the mandatory provisions of Section 52-A of the N.D.P.S. Act. 5. Learned counsel for the applicant has further argued that the said contraband is stated to be in the form of leaves. It does not fall within the definition of “ganja” as defined under Section 2(iii)(b), which categorically excludes seeds and leaves therefrom; as such, even the weight of the said Versus Counsel for Applicant(s) : Abhilasha Singh, Ashutosh Yadav, S. Lal Counsel for Opposite Party(s) : G.A. Virendra .....Applicant(s) State of U.P. .....Opposite Party(s) contraband cannot be taken into consideration. The criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 10.06.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no proper compliance with the mandatory provisions of Section 52-A of the N.D.P.S. Act, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Virendra, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 17, 2026 (Ravi Kant) BAIL No. 24633 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad