Allahabad High Court Grants Bail in NDPS Case Citing Procedural Lapses and Saving Clause for High Courts

Case Snapshot

• Case Name: Trilochan Giri v. State of U.P.

• Citation: Criminal Misc. Bail Application No. 5731/2025 (2026:AHC-LKO:58367)

• High Court: High Court of Judicature at Allahabad, Lucknow Bench

• Bench: Hon'ble Mr. Justice Subhash Vidyarthi

• Date of Judgment: 18th August, 2026

• Area of Law: NDPS Act, Bail, Procedural Compliance

Judgment Headline

Court grants NDPS bail citing procedural lapses and saving clause for High Courts.

The Judgment in One Line

Allahabad High Court granted bail in an NDPS case, holding that procedural lapses in search/sampling and the saving clause under Section 36-A(3) override Section 37 restrictions.

Why This Judgment Matters

This landmark judgment clarifies the interplay between Section 37 (bail restrictions) and Section 36-A(3) of the NDPS Act. It establishes that Section 36-A(3)—which saves the High Court's special powers under Section 439 Cr.P.C.—was intended to apply to Section 37 as well, desp

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