Allahabad High Court Grants Bail in NDPS Case, Notes GST Registration Cancellation and Prima Facie Innocence

The Allahabad High Court has granted bail to Manit Yadav, who has been in judicial custody for nearly five years in connection with an NDPS case involving the recovery of a massive quantity of codeine-based syrup, tablets, capsules and injections from a Ghaziabad premises linked to a trading firm registered in his name. The bench of Justice Arun Kumar Singh Deshwal observed that the material on record did not prima facie indicate active involvement of the applicant in the illegal procurement, storage, or sale of drugs, despite the licence of A-One Traders being issued in his name. As per the Narcotics Control Bureau (NCB), a raid was conducted on the premises of A-One Traders, Sihani Gate, Ghaziabad, on 18 December 2020. Officers allegedly recovered 54,35,400 tablets, 1,49,600 capsules, 12,000 injections, and 72,539 bottles of codeine-based cough syrup A-One Traders was registered as a proprietorship in the name of Manit Yadav under GST, based on a drug licence issued by the Drugs Department. However, NCB’s own complaint under Section 36 of the NDPS Act recorded that the firm was actually being run by co-accused Rakesh Kumar Chauhan, Hardeep Singh and Sunil Gupta, who handled all procurement, sales and financial transactions. The premises itself belonged to a landlord, Raj Kumar Tomar, while rent payments were allegedly made by co-accused Chauhan. Senior Advocate Satish Chaturvedi, appearing for the applicant, argued that the applicant had no role in day-to-day operations of A-One Traders. The NCB admitted that the firm was run entirely by the three co-accused. Though the GST registration was cancelled, the drug licence remained valid at the time of the raid; therefore, storage of medicines was not illegal per se. No financial transactions linked to the recovered drugs were traced to the applicant. Only two witnesses out of 28 have been examined in nearly five years, causing severe delay. Co-accused individuals had already been granted bail by coordinate benches on earlier dates, strengthening the applicant’s claim on parity. Opposing the bail prayer, the State and the NCB argued the drug licence was obtained using a forged experience certificate, making it invalid. The applicant allowed the co-accused to run the firm under his name, making him complicit. Court’s Findings After examining the records, the Court made several crucial observations: License Valid at Time of Raid:The drug licence in the applicant’s name had not been cancelled when the raid occurred, so A-One Traders could legally store and sell medicines. Applicant Not Operationally Involved:The complaint itself indicated that the business was run by co-accused individuals, not by the applicant. Prima Facie Innocence:The Court found no material suggesting the applicant’s involvement in the alleged illegal activities under NDPS Act provisions. Right to Speedy Trial:The applicant has spent almost 5 years in jail, and the slow progress of the trial—only two witnesses examined out of 28—cannot be ignored.The Court cited the landmark Hussainara Khatoon vs. State of Bihar ruling, reiterating the right to an expeditious trial. Twin Conditions Under Section 37 Met:Given the prima facie finding that the applicant may not be guilty and is unlikely to commit an offence upon release, the Court found compliance with the statutory requirements. The Court ordered the applicant to be released on furnishing a personal bond and two sureties of ₹2 lakh each, subject to multiple conditions. The Trial Court was also directed to process the release order via the Bail Order Management System (BOMS) to ensure prompt implementation. Case Details Case Title: Manit Yadav Versus State of U.P. and Another Case No.: Criminal Misc. Bail Application No. - 41754 Of 2023 Date: 20/11/2025 Counsel For Applicant: Krishna Kant Dubey Counsel For Respondent: Ashish Pandey Click Here To Read Order Read More: Customs Brokers Licensing Examination (CBLE) 2026 — Complete Preparation Guide

Allahabad High Court Grants Bail in NDPS Case, Notes GST Registration Cancellation and Prima Facie Innocence

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