The Allahabad High Court has once again denied bail to Randhir, a truck cleaner arrested in connection with the seizure of more than 151 kilograms of ganja in Sonbhadra. The single-judge bench of Justice Rohit Ranjan Agarwal, delivering its order on September 4, 2025, held that the sheer quantity of the contraband and the statutory bar under the Narcotic Drugs and Psychotropic Substances (NDPS) Act left no scope for relief at this stage.
Background
Randhir was arrested on November 12, 2023, when police intercepted a DCM truck in Robertsganj, Sonbhadra. The truck, allegedly coming from Odisha and headed to Haryana, was found carrying eight packets of ganja weighing 151.600 kg. Both the driver and Randhir, working as a cleaner on daily wages, were caught on the spot.
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This was the second time Randhir had sought bail. His first application was rejected in August 2024. The defence counsel argued that Randhir was merely a poor daily-wager earning ₹500 per day, had no criminal history, and that he was not in conscious possession of the contraband. They also pointed to alleged procedural lapses in sampling and filing of the forensic report.
Court's Observations
The Court, however, was not convinced. Justice Agarwal recalled that under Section 37 of the NDPS Act, offences involving commercial quantity of drugs attract a strict bar on bail unless two conditions are met - that the accused is prima facie not guilty, and that he is unlikely to commit offences while on bail.
"The contraband seized amounts to more than 151 kilograms. This is well above the threshold of commercial quantity," the judge remarked, stressing that courts cannot adopt a liberal approach in such matters.
On the defence argument that the forensic report was not part of the charge-sheet, the Court said the report dated December 2, 2023, confirming the seized material as ganja was very much on record, and even if it was filed later, it counted as corroborative evidence under Section 293 of the Criminal Procedure Code.
The bench also referred to the Supreme Court's ruling in Narcotics Control Bureau v. Kashif (2024), noting that procedural irregularities in disposal or sampling of seized drugs do not automatically entitle an accused to bail.
"Any lapse in Section 52A procedure would be treated as irregularity, not illegality," the Court emphasized.
Decision
Finding that Randhir was apprehended in the vehicle alongside the driver, and holding that he had conscious possession of the narcotics, the Court dismissed the plea.
"No case for enlarging the applicant on bail is made out," the order concluded.
Randhir remains in custody as the trial continues in the Special NDPS Court at Sonbhadra.
Case Title: Randhir vs. State of Uttar Pradesh
Date of Decision: 4 September 2025
Applicant's Counsel: Amber Khanna, Raj Kumar Khanna, Ram Kripal, Sandal Khanna
Opposite Party Counsel: Government Advocate (G.A.)
