Patna High Court
Umesh Prasad JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is denied where the accused is deemed to have knowledge and control over a commercial quantity of narcotic substance.
Summary
The petitioner, Umesh Prasad Jaiswal, sought anticipatory bail after a raid by the Narcotics Control Bureau recovered 4.660 kg of opium and Rs. 3,00,000 from his residence. The petitioner claimed he was absent, residing in Dimapur, and that the seized items were not in his personal possession, asserting innocence and no criminal record. The NCB argued that the large quantity of opium indicated the petitioner’s control over the contraband. The court considered the principle of knowledge and control over a commercial quantity of narcotic under the NDPS Act. Given the substantial seizure and the inference of control, the court declined to grant anticipatory bail. The petition for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail can be granted when the accused is alleged to have knowledge and control over a commercial quantity of narcotic substance under the NDPS Act
- Whether the absence of the accused at the time of seizure negates possession for bail purposes
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 18(b), 25, 29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- possession
- contraband
- opium seizure
- knowledge and control
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11878 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- East Champaran
======================================================
Umesh Prasad Jaiswal Son of Rajendra Prasad Jaiswal Resident Of Village-
Kadma, Ward No 09, PS- Rajepur, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. The Union of India through NCB, patna bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukul Kumar
Mr.Shashank Shekhar
For the Opposite Party/s : Mr. Dilip Kumar No. 1
For the NCB : Mr. Shivaditya Dhari Sinha, Sr. Panel Counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with NCB / PZU / V / -12 of 2025 dated 17.10.2025
corresponding to N.D.P.S. G.R. Case No. 150 of 2025
registered under Section 8(c), 18(b), 25 & 29 of the N.D.P.S.
Act 1985.
3. As per the F.I.R. on the basis of a secret tip-off the
Narcotics Control Bureau Officials conducted a raid at the
residential house of the petitioner and recovered 4.660 Kg of
Patna High Court CR. MISC. No.11878 of 2026(3) dt.30-04-2026
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opium kept in six packets along with cash amounting to Rs.
3,00,000/-. The wife of the petitioner was arrested who stated
that the seized opium and cash belongs to her husband.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence in the
manner alleged. He further submits that petitioner was not
present at the time of search and seizure inasmuch as he was
residing at Dimapur, Nagaland at that point of time and his wife
has been arrested. The petitioner has been implicated in the
present case merely on the basis of being the owner of the house
without any recovery from his personal or conscious possession.
The petitioner has no criminal antecedent.
5. On the other hand, Mr. Shivaditya Dhari Sinha,
learned senior panel counsel for the N.C.B. opposed the prayer
for anticipatory bail and submits that commercial quantity of
opium (4.660 Kg) has been recovered from the premises under
the control of the petitioner.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that huge amount of
cash to the tune of Rs. 3,00,000/- along with commercial
quantity of contraband opium has been recovered from the
house of the petitioner accordingly considering the principle of
Patna High Court CR. MISC. No.11878 of 2026(3) dt.30-04-2026
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knowledge and control of contraband article, I am not inclined
to grant anticipatory bail to the petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
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