Patna High Court
Md. Mainuddin @ MustakimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied because the seizure of a commercial quantity of narcotics invoked the bar under Section 37 of the NDPS Act.
Summary
The petitioner, Md. Mainuddin, sought anticipatory bail after the police seized about 29 kg of ganja, two mobile phones and a weighing machine from a house linked to him in Siswar. The prosecution alleged that Mainuddin and his sons were involved in transporting the ganja to Delhi, and that the seizure indicated a commercial quantity of narcotics. The petitioner contended he was not the absolute owner of the house, was absent at the time, and had no criminal record. The State opposed the bail, emphasizing the large quantity seized. The court held that the presence of a commercial quantity triggers the bar under Section 37 of the NDPS Act, and therefore denied anticipatory bail. The application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted when a commercial quantity of narcotics (29 kg) has been seized.
- Whether the bar under Section 37 of the NDPS Act applies to the petitioner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 25, 29, 37, 8
Subjects
- anticipatory bail
- NDPS Act
- commercial quantity
- Section 37
- drug seizure
- trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21235 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Md. Mainuddin @ Mustakim Son of Late Bhola @ Bhola Mian Resident of
Village - Siswar, P.S.- Phulparas, District - Madhuabani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. Ii, Adv
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Phulparas P.S. Case No. 501 of 2025, registered for the
offence punishable under Sections 8, 20(B)(ii) C/25/29 of NDPS
Act.
3. The case of the prosecution, in short, is that the
informant received secret information that Md. Mainuddin and
his two sons had brought ganja to sell in Delhi. He informed the
SDO, made a station entry, and went with a police team to
verify the information. When they reached the house in village
Siswar, four persons tried to run away. The police chased them
and caught two, who identified themselves as sons of Md.
Mainuddin, while the others escaped. During the search of the
house, the police recovered about 29 kg of ganja packed in
Patna High Court CR. MISC. No.21235 of 2026(2) dt.08-04-2026
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different packets, one electric weighing machine, one TECNO
SPARK mobile and one Real Me mobile.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is not the absolute owner of the
house in question and he was not present in house at the time of
occurrence and he was staying in Hariyana in connection with
his wages. He further submits that the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the seizure of 29 kgs of
Ganza, two mobile phones and one electric weighing machine
alleged to have been recovered from the house of the petitioner
and that it is of commercial quantity, therefore, the bar under
Section 37 of the NDPS Act comes into play. Under these
circumstances, this Court is not inclined to grant privilege of
anticipatory bail to the petitioner.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
U T
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