Deepu Goswami vs State Of U.P.

Ishan Deo Giri, Prateek Kumar Srivastava, Sandeep Pandey, Satendra Singh, Saurabh Yadav

Counsel for Opposite Party(s)

:

G.A.

Court No. - 69

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Ishan Deo Giri along with Shri Satendra Singh, learned counsel for the applicant, and Shri S.D. Shukla, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.173 of 2025, under Sections 8,20, 29, 60 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Trans Yamuna, District Agra, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that 196.680 Kg of ganja is said to have been recovered from a truck, in which, the applicant was found sitting beside the seat of the driver. It is further submitted that the mandatory provisions of Section 52-A of N.D.P.S. Act have not been complied with and the samples have not been taken in accordance with the Rules 9,10 and 11 of the notification published by the Union of India in the official gazette and the samples have not been certified by the learned Judicial Magistrate. It is further submitted that Annexure No.2 of the counter affidavit filed by the State is on a printed proforma and the permission of the Magistrate has been sought for collection of the samples and the certification of the same has been signed by the learned Magistrate on a printed proforma and therefore, Section 52-A of N.D.P.S. Act have not been complied with as required under the rules published by the Union of India in the official gazette. The applicant is languishing in jail since 10.05.2025 and the applicant is having no criminal history, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the mandatory provisions of Sections 50, 52-A of N.D.P.S. Act and Section 105 of BNSS have been complied with and the allegedly recovered contraband amounts to huge commercial quantity.

5. As per allegations in the first information report, 196.680 Kg of ganja is said to have been recovered from a truck, in which, the applicant was found sitting beside the seat of the driver. It is further submitted that the mandatory provisions of Section 52-A of N.D.P.S. Act have not been complied with and the samples have not been taken in accordance with the Rules 9,10 and 11 of the notification published by the Union of India in the official gazette and the samples have not been certified by the learned Judicial Magistrate. It is further submitted that Annexure No.2 of the counter affidavit filed by the State is on a printed proforma, in which, the name of the Court has been written by the pen and the signature has been obtained. The applicant is languishing in jail since 10.05.2025.

6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 37 of N.D.P.S. Act and the law laid down in the case of Union of India vs Shiv Shanker Kesari (2007) 7 SCC 798 without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.

7. Let the applicant- Deepu Goswami involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

(Jitendra Kumar Sinha,J.)

May 6, 2026

RKM