Patna High Court
Mokhtar AlamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the recovery of a commercial quantity of ganja and the lack of material to prove the petitioner’s innocence precluded the conditions for bail under Section 37 NDPS Act.
Summary
Mokhtar Alam was arrested on 1 November 2025 in connection with a case involving the alleged possession of 62 kg of ganja, alleged under Sections 8 and 20(b)(ii)c of the NDPS Act. The petitioner claimed the FIR was fabricated and that he had no knowledge of the contraband, while the State presented the seizure report and forensic laboratory confirmation that the seized material was ganja recovered from his house. The court examined the stringent bail provisions of Section 37 of the NDPS Act, which require a belief that the accused is not guilty and will not reoffend. Citing Supreme Court precedents on bail in commercial‑quantity narcotics cases, the court found the evidence sufficient to deny bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail can be granted under Section 37 of the NDPS Act when a commercial quantity of narcotic (62 kg) has been recovered and the accused claims innocence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)c, 37, 8
Subjects
- NDPS Act
- bail
- commercial quantity
- narcotics
- Section 37
- false FIR
- forensic report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12390 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- Basmatia District- Araria
======================================================
Mokhtar Alam S/o- Firoj Ansari Resident of Basmatiya W.No-5, PS-
Basmatiya District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar Agrawal, Advocate
For the Opposite Party/s : Ms.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-04-2026 Heard Mr.Praveen Kumar Agrawal, learned counsel
for the petitioner and Ms.Dr. Indiwar Kumari, learned A.P.P. for
the State, who has appeared through virtual mode.
2. The petitioner seeks bail, who is in custody since
01.11.2025 in connection with Basmatiya P.S. Case No. 48 of
2024, F.I.R. dated 20.11.2024 registered for the offence
punishable under Sections 8/20(b)(ii)c of N.D.P.S. Act.
3. Recovery is of 62 Kg of Ganja.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Although altogether 62 Kg of Ganja was recovered from the
place of occurrence but the petitioner has no concern at all with
the alleged recovery of contraband.
5. Learned APP for the State, on the basis of the
Patna High Court CR. MISC. No.12390 of 2026(4) dt.30-04-2026
2/3
material available on the record and the case diary, has
vehemently opposed the prayer for bail of the petitioner and
submits that altogether 62 Kg of contraband (Ganja) was
recovered from the place of occurrence (house of the petitioner)
and apart from that, the F.S.L. report also confirms that the
recovered contraband is Ganja and recovery is from the house of
the petitioner.
6. The grant of bail in NDPS cases where the recovery
of commercial quantity of narcotic is alleged is circumscribed
under Narcotic Drugs and Psychotropic Substances Act, 1985,
Section 37 which says that before grant of bail, the Court must
have reason to believe that the petitioner has not committed the
offence and in the event of release he would not commit similar
offence.
7. The issue was considered by the Hon’ble Supreme
Court in the case of State of Kerala and Ors Vs. Rajesh &
Ors, reported in 2020(12) SCC 122 as well as in the case of
Narcotic Control Bureau Vs.Mohit Aggarwal reported in
AIR 2022 SC 3444 and recently decided the judgment in the
case of Union of India Vs. Ajay Kumar Singh @ Pappu,
reported in 2023 SCC OnLine SC 346.
8. The recovery of huge quantity of Ganja from
Patna High Court CR. MISC. No.12390 of 2026(4) dt.30-04-2026
3/3
possession of the petitioner would not justify that the petitioner
had no knowledge of the narcotic nor there is any material to
substantiate that the petitioner would not commit such offence
in the event of release.
9. Considering the aforesaid facts, recovered
contraband is more than the commercial quantity, apart from the
aforesaid, the FSL report also confirms that the recovered
contraband is Ganja, I am not inclined to enlarge the petitioner
on bail in connection with Basmatiya P.S. Case No. 48 of 2024,
pending in the court of learned Sessions Judge-cum-Special
Judge, NDPS Act, Araria.
10. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…