Patna High Court
Dilo MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is barred under Section 37 of the NDPS Act when the seized narcotic exceeds commercial quantity, and the petition is dismissed.
Summary
The petitioner, Dilo Mandal, a 70‑year‑old driver, was arrested in connection with a case alleging possession of 22 kg of ganja, invoking Sections 8, 20(B)(ii)(c) and 22(c) of the NDPS Act. He applied for bail, claiming innocence, lack of prior criminal record, and poor health. The State opposed, arguing that the quantity exceeds commercial limits, invoking the bail bar under Section 37 of the NDPS Act. The court examined the seriousness of the offence, the commercial quantity, and the statutory prohibition on bail for such cases. Considering these factors, the court declined to grant bail. Consequently, the bail petition was rejected.
Issues considered
- Whether bail can be granted to an accused under Sections 8, 20(B)(ii)(c) and 22(c) of the NDPS Act when the seized contraband exceeds commercial quantity.
- Whether the provisions of Section 37 of the NDPS Act bar bail in such circumstances despite the accused’s age and health.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 22(c), 37, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- senior citizen
- health considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2231 of 2026
Arising Out of PS. Case No.-182 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Dilo Mandal Son of Late Chhabbu Mandal Resident of Village- Nawabganj
Darmahi Tola, P.S.- Kurshela, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kursela
P.S. Case No. 182 of 2024, instituted for the offences under
Sections 8, 20(B)(ii)(c), 22(c) of the NDPS Act.
3. Prosecution allegation, in short, is that 22 Kg. Ganja
has been recovered in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 01.10.2024 and
has got no criminal antecedent. The petitioner is the driver of
the alleged vehicle from which 22 Kg. Ganja has been
recovered. There is no allegation of tampering of witnesses
alleged against the petitioner. Learned counsel further submits
that petitioner is 70 years old senior citizen and suffering from
Patna High Court CR. MISC. No.2231 of 2026(2) dt.21-01-2026
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various ailments.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
A.P.P. submits that recovered contraband is above the
commercial quantity, hence, there is bar under Section 37 of the
N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances
of the case and recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the N.D.P.S.
Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J)
manish/-
U T
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