Anupam Shukla vs. Central Bureau Of Narcotics, New Delhi
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This is a second bail application filed by Anupam Shukla, the applicant, who is seeking regular bail in connection with Case Crime No. 01 of 2025 under the NDPS Act. The applicant was arrested on 18.02.2025, and the charge sheet has been filed. The first bail application was dismissed as withdrawn on 23.12.2025. The prosecution alleges recovery of 1.103 kg of a narcotic substance from the applicant's vehicle. The applicant claims to be the proprietor of AP Biotech, a firm with a valid drug license and GST registration, authorized to deal in certain drugs. He contends that the substance was weighed along with its container, making the weight doubtful, and that there was non-compliance with Section 52A of the NDPS Act regarding search and seizure procedures, citing a Ministry of Finance notification dated 23.12.2025. He also points to a previous case where he was enlarged on bail by the Gujarat High Court.
Held
The Court allowed the bail application. The primary reasoning for granting bail was based on the applicant's prolonged detention since 18.02.2025, the filing of the charge sheet, and the applicant's existing bail in a prior case granted by the Gujarat High Court. While acknowledging that compliance with Section 52A of the NDPS Act is a subject matter of trial, the Court found merit in the specific averment that there was no substantial compliance with Section 52A. This, coupled with the applicant's drug license and limited criminal history, led the Court to believe that the applicant deserved bail. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The operative directions included releasing the applicant on bail upon executing a personal bond and furnishing sureties, subject to conditions like joining trial proceedings, not indulging in similar activities, and surrendering his passport.
Key Issues
1. Whether there was substantial compliance with Section 52A of the NDPS Act regarding search and seizure procedures, particularly concerning the weighing of the recovered substance and the inventory preparation, thereby affecting the grounds for denying bail under Section 37 of the NDPS Act? Petitioner's arguments: The applicant argued that there was no substantial compliance with Section 52A of the NDPS Act, as evidenced by the alleged improper weighing of the substance (along with its container) and the failure to follow instructions issued by the Ministry of Finance. He also highlighted his possession of a valid drug license and GST registration, suggesting legitimate business activities. Furthermore, he contended that his criminal antecedent in one case was already addressed by the Gujarat High Court granting him bail, and therefore, reasonable grounds existed to believe he was not guilty of the offense. Respondent's arguments: The respondent (Central Bureau of Narcotics) argued that the inventory was prepared and certified by the Magistrate strictly as per the 2022 Rules. They did not dispute the applicant's bail in the previous case. Regarding Section 52A, the respondent asserted that it was fully complied with in letter and spirit, and that this compliance was a matter for trial.
Sections Cited
Section 8, Section 21, Section 29, Section 37, Section 52A
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UKHC010024752026
2026:UHC:7377 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
BA2/32/2026
Anupam Shukla
--Applicant Versus Central Bureau Of Narcotics, New Delhi --Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. M.S. Pal, learned Senior Advocate assisted by Ms. Amreen Bano, learned counsel for the applicant.
Mr. Lalit Sharma, learned Dy. Solicitor General for the respondent.
The instant second bail application is moved on behalf of the applicant Anupam Shukla seeking regular bail in reference to Case Crime No. 01 of 2025 wherein applicant is implicated for the offences punishable under Sections 8/21/29 of the NDPS Act.
The first bail application was dismissed as withdrawn on 23.12.2025 and thereafter instant bail application is moved.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and the narcotic substance was recovered from the vehicle Tata Safari bearing Registration No. UK08AY4248 but there is no substantial compliance of the provision of NDPS Act about search and seizure. He further submits that the applicant is the proprietor of a firm, namely, AP Biotech having valid license under the Drugs and Cosmetic Rules, 1995 and have GST registration and is authorized to sale the stock or exhibit for sale and distribute the drugs other than those specified in Schedule C, C(1) and X and the substance which has shown to be recovered is commercial one, i.e. 1.103 kg
UKHC010024752026
2026:UHC:7377 but the weight of this substance is doubtful since it was weighed along with plastic bag/container. He also submits that recovery as shown is doubtful since the instructions issued by Ministry of Finance (Department of Revenue) New Delhi by Notification dated 23.12.2025 specifically pertains to Section 52A of the NDPS Act is not properly followed and in fact there is no substantial compliance of Section 52A of the NDPS Act. In reference to criminal antecedent with regard to complaint case no. NCB/AZU/CR-01/2022 he submits that present applicant is already enlarged on bail by Gujarat High Court on 29.11.2022. He further submits that the charge sheet has already been filed and present applicant is languishing in jail since 18.02.2025. In reference to Section 37 of the NDPS Act he submits that there is no substantial compliance of Section 52A of the NDPS Act , therefore, there are reasonable ground that the applicant is not the guilty of the offence and furthermore the applicant have a drug license. Apart from this, he submits that the applicant has a criminal antecedent of only one case in which he is already enlarged on bail.
On the other side, Mr. Lalit Sharma, learned Dy. Solicitor General for the respondent submits that in this particular case the inventory was prepared and the Magistrate certified the same strictly as per 2022 Rules. So far as criminal antecedent of one case is concerned he has not disputed that the applicant is already enlarged on bail. So far as compliance of Section 52A is concerned, he submits that Section 52A has been fully complied with in letter and spirit and even otherwise it is completely a subject matter of the trial.
After hearing the arguments of the learned counsel for the parties and taking into consideration that the present applicant is languishing in jail since 18.02.2025 and the charge sheet has already been filed and with UKHC010024752026
2026:UHC:7377 regard to the criminal antecedent of one case Gujarat High Court already enlarged the applicant on bail and so far as Section 37 of the NDPS Act is concerned specific averment is made that there is no substantial compliance of Section 52A though it is completely a subject matter of the trial, this Court is of the view that the applicant deserves for bail.
Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
Let the applicant Anupam Shukla be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned subjection to the following conditions:- (i) After being released on bail the applicant shall join the trial court proceeding on each and every date without seeking unnecessary adjournment and shall not indulge in any such activity in future. (ii) After being released on bail the applicant shall surrender his passport, if any, within three days.
In breach of the condition, as above, the prosecution is free to move an application for bail cancellation.
(Rakesh Thapliyal, J.)
17-08-2026 Parul
Reproduced from the public record of the Uttarakhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.