Patna High Court
Aakash Shrichand SohandaversusThe Director of Revenue Intelligence(DRI), Regional Unit, Patna.
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
The petitioner, Aakash Shrichand Sohanda, applied for regular bail in a case registered by the Director of Revenue Intelligence, Patna, under Sections 20(b)(ii)(B), 23(b) and 29 of the NDPS Act for allegedly possessing 8.144 kg of hydroponic weed. The petitioner claimed innocence, a clean antecedent, and argued that the quantity was intermediate, warranting bail. The DRI opposed the bail, emphasizing the large quantity seized. The Court, after hearing both sides, declined to grant regular bail, noting the substantial recovery and stating the observation was prima facie and limited to the bail application. The Court allowed the petitioner to reapply for bail if the trial is delayed.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act for possession of an intermediate quantity of cannabis.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 23(b), 29
Subjects
- bail
- NDPS Act
- hydroponic weed
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21149 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- D.R.I District- Patna
======================================================
Aakash Shrichand Sohanda Son of Shrichand Murlidhar Sohanda @
Shrichand Murlidhar Sohanda R/o E-15, New Neelkanth Chawl, Near Chirag
Hotel, Opposite Basant Vihar, P.S. - Hill Line, Ulhasnagar, Dist. - Thane,
Maharashtra, 421005.
... ... Petitioner/s
Versus
The Director of Revenue Intelligence(DRI), Regional Unit, Patna. Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Aryan Singh
For the Opposite Party/s : Dr Krishna Nandan Singh (ASG)
Mr. Anshuman Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-04-2026 Heard learned Senior Counsel for the petitioner and
learned counsel for the DRI.
2. The petitioner seeks regular bail in connection with
DRI Patna Unit Case No. 26 of 2025–26, registered for offences
under Sections 20(b)(ii)(B), 23(b), and 29 of the NDPS Act.
3. As per the prosecution case, 8.144 kg of hydroponic
weed (ganja) has been recovered from a trolley belonging to the
petitioner.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. The petitioner is in custody since 07.01.2026 and
claims to have a clean antecedent. It is further submitted that the
Patna High Court CR. MISC. No.21149 of 2026(3) dt.03-04-2026
2/2
quantity of ganja recovered is an intermediate quantity;
therefore, the petitioner may be granted bail.
5. Per contra, learned counsel for the DRI vehemently
opposes the bail application.
6. Considering the huge recovery of hydroponic weed
(ganja), this Court is not inclined to grant regular bail to the
petitioner at this stage.
7. Accordingly, the application for regular bail stands
rejected for the present. However, if the trial is delayed by the
DRI, the petitioner may renew his prayer for bail.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely to the adjudication of
the present bail application. Such observations shall not be
construed as an expression on the merits of the case and shall
not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J)
Shishir/-
U T
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