Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Sanoj Kumar, was named in an FIR for alleged offences under Sections 21(c) and 25 of the NDPS Act after 115 litres of Wiscop cough syrup containing the prohibited drug codeine were recovered from his vehicle. The petitioner contended that he merely owned the vehicle, which had been sent for repairs, and had no knowledge of the contraband. The State argued that the commercial quantity of codeine and the petitioner’s ownership of the vehicle established a culpable mental state under Section 35 of the NDPS Act, and that Section 37 imposes strict conditions for bail in such cases. The court examined the factual submissions and noted the absence of any evidence supporting the petitioner’s claim of lack of knowledge. Consequently, the court rejected the petition for anticipatory bail, holding that the petitioner’s ownership of the vehicle carrying the prohibited substance warranted denial of bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the NDPS Act given his ownership of the vehicle carrying a commercial quantity of codeine.
- Whether the petitioner’s alleged lack of knowledge of the contraband negates the culpable mental state required under Section 35 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 25, 35, 37
Subjects
- NDPS Act
- anticipatory bail
- codeine
- commercial quantity
- vehicle ownership
- culpable mental state
- Section 35
- Section 37
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10761 of 2026
Arising Out of PS. Case No.-318 Year-2024 Thana- PIPRA District- Supaul
======================================================
Sanoj Kumar S/o- Subhash Kumar Yadav R/v- Maheshua Ps- Bharahi Dist-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R.
and apprehending his arrest in connection with
Pipra P.S. Case no. 318 of 2024 registered for
the offence under Sections 21(c)/25 of NDPS
Act.
3. As per FIR, petitioner said to be
involved in business of illegal Cough Syrup
having total recovery of 115 litres of Wiscop
cough syrup, where one of the constituent is
“Codeine”, which is in prohibited list of drugs as
per NDPS Act, 1985.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.10761 of 2026(2) dt.13-02-2026
2/3
appearing on behalf of the petitioner that
petitioner was implicated with present case
only for the reason that he is the owner of the
vehicle which found involved carrying Wiscop
cough syrup. It is submitted that nothing
incriminating appears recovered during
investigation till now which may suggest that
petitioner was under knowledge for carrying
said consignment, in fact, the vehicle, in issue,
was given for repairing in garage from where it
was misused. While concluding arguments, it is
submitted that petitioner is a man of clean
antecedent.
5. Learned APP while opposing the
prayer of bail submitted that commercial
quantity of “Codeine” was alleged to be seized
from vehicle of this petitioner. It is submitted
that the factual aspect of this case categorically
suggest that petitioner was under culpable
mental state in view of Section 35 of NDPS Act
for carrying of present consignment as there is
Patna High Court CR. MISC. No.10761 of 2026(2) dt.13-02-2026
3/3
nothing in support of submission that the
vehicle, in issue, was given for repairing to
garage as claimed. It is submitted that Section
37 of NDPS Act also put rigors to grant bail in
case of recovery of commercial quantity.
6. In view of aforesaid factual
submission and by taking note of fact as
admittedly petitioner was owner of the vehicle
which found carrying consignment of Wiscop
cough syrup, where one of the constituent was
“Codeine”, which is in the prohibited list of
drugs as per NDPS Act, accordingly the prayer
of anticipatory bail of petitioner stands
rejected.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…