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Patna High Court

Inglesh Tiwari @ Inglish TiwariversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court held that bail cannot be granted as the recovery of commercial quantity of ganja triggers the embargo under Section 37 of the NDPS Act.

Summary

Inglesh Tiwari was arrested on 17‑10‑2025 in connection with a case under Sections 20(B)(ii)(c) and 22 of the NDPS Act, 1985 after 78.63 kg of ganja was seized from a suitcase allegedly in his possession. The petitioner sought bail, claiming a clean antecedent and that the FIR was fabricated. The State opposed, highlighting that the quantity exceeds commercial limits, that the petitioner admitted receiving the narcotic from co‑accused, and that Section 37 of the NDPS Act imposes an embargo on bail in such cases. The Court referred to Supreme Court precedents on bail in NDPS matters and noted the lack of material to show the petitioner would not re‑offend. Consequently, the Court refused the bail prayer, holding that the commercial quantity and statutory provisions preclude release.

Issues considered

  • Whether bail can be granted in an NDPS case where a commercial quantity of narcotic has been recovered.
  • Whether the petitioner has demonstrated that he is not likely to commit a similar offence if released.
  • Whether the facts establish the petitioner’s possession and knowledge of the seized narcotic.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37 embargo
  • narcotics possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26192 of 2026
                     Arising Out of PS. Case No.-461 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Inglesh Tiwari @ Inglish Tiwari Son of Late Brij Kishore Tiwari R/O Vill.-
                 Hullash Chapra, P.S.- Goria Kothi, District- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                    Heard Mr. Sarvesh Kashyap, learned counsel for the

                   petitioner and Mr. Anant Kumar 1, learned APP for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.10.2025 in connection with Panchrukhi P.S. Case No. 461 of

                   2025 for the offences punishable under Sections 20(B)(ii)(c) and

                   22 of the N.D.P.S. Act, 1985.

                               3. Recovery is of 78.63 kg of Ganja.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed

                   any offence as alleged in the FIR. It appears from the FIR as

                   well as seizure list that recovery has been from the suitcase in

                   question and the petitioner has no role at all in the present
Patna High Court CR. MISC. No.26192 of 2026(2) dt.20-04-2026
                                            2/3




          occurrence.

                      5. Learned Additional Public Prosecutor on the other

          hand vehemently opposed the prayer for bail of the petitioner

          and submits that from perusal of the FIR as well as seizure list it

          appears that altogether 78.63 kg of Ganja has been recovered

          from the possession of the petitioner and apart from that there is

          compliance of mandatory provision of Section 50 of the NDPS

          Act and the petitioner has disclosed that he has received the said

          Ganja from the co-accused persons. He further submits that the

          recovered contraband is more than the commercial quantity, so

          there is embargo under Section 37 of the N.D.P.S. Act.

                      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 Substance Act, 1985,

          Section 37 which says that before grant of bail, the Court must

          have reason to believe that petitioners have 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 and

          Ors. reported in (2020) 12 SCC, 122 as well as in the case of

          Narcotic Control Bureau Vs. Mohit Aggarwal reported in
            Patna High Court CR. MISC. No.26192 of 2026(2) dt.20-04-2026
                                                        3/3




                      AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh

                      @ Pappu reported in 2023 SCC OnLine SC 3456 dated

                      28.03.2023.

                                  8. The recovery of huge quantity of Ganja recovered

                      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 and circumstances

                      that the recovered contraband is more than the commercial

                      quantity, I am not inclined to enlarge the petitioner on bail in

                      connection with Panchrukhi P.S. Case No. 461 of 2025 pending

                      in the Court of learned Sessions Judge, Siwan.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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