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Patna High Court

Aakash Shrichand SohandaversusThe Director of Revenue Intelligence(DRI), Regional Unit, Patna.

Decided
Disposal
DISMISSED

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

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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