Patna High Court
Md. Ammar Alam @ Ammar @ Amar @ Ammar AlamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not inclined to enlarge bail in view of the nature of the contraband and the applicable provisions of the NDPS Act.
Summary
The petitioners, Md. Ammar Alam and Md. Aftab Arju, were arrested on 25 January 2026 in connection with a case under the NDPS Act for allegedly possessing 44 grams of smack. They applied for bail, arguing they have clean antecedents, were falsely implicated, and that the mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with. The prosecution opposed bail, citing the recovery of 44 grams of a narcotic containing 6‑Monoacetylmorphine and codeine, which are highly addictive substances. The court noted that although the quantity is below the commercial threshold, the nature of the drug and the statutory provisions did not warrant bail. Consequently, the court refused the bail application.
Issues considered
- Whether bail should be granted to accused under Sections 8(c) and 21(b) of the NDPS Act when the seized quantity is below the commercial quantity.
- Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act have been complied with in the present case.
- Whether the presence of 6‑Monoacetylmorphine and codeine in the seized material precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- 6-Monoacetylmorphine
- codeine
- commercial quantity
- Section 37
- Section 42
- Section 50
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27095 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- R S P.S. District- Araria
======================================================
1. Md. Ammar Alam @ Ammar @ Amar @ Ammar Alam S/O Wajuddin @
Wazuddin Resident of Hariyabara, Ward No 5, PS- Araria R S, District-
Araria
2. Md. Aftab Arju @ Md. Aftab Aarju @ Md. Aftab Aarjoo @ Aftab S/O
Musabbir @ Md. Musabbir Resident of Rajokhar, Ward No 1, PS- Araria R
S, District- Araria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr. Ranjeet Choubey, learned counsel for the
petitioners and Mr. Jai Narain Thakur, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
25.01.2026 in connection with Araria R.S. P.S. Case No. 15 of
2026, F.I.R. dated 24.01.2026 for the offences punishable under
Sections 8(c) and 21(b) of the NDPS Act.
3. Recovery is of 44 grams of Smack.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that there is
non-compliance of mandatory provisions of Section 42 and 50
of the NDPS Act. As the recovered quantity of contraband is
Patna High Court CR. MISC. No.27095 of 2026(3) dt.08-07-2026
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less than the commercial quantity, so there is no embargo under
Section 37 of the NDPS Act.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that altogether 44 grams of Smack like substance was
recovered from the possession of the petitioners and result of
examination in the FSL report says that "6-
Monoacetylmorphine (6-MAM) & Codeine" detected in the
contents of ziplock bag marked 'A' as described above. "6-
Monoacetylmorphine (6-MAM) & Codeine" is highly
addictive, psychotropic and narcotics drug.
6. Considering the aforesaid facts and circumstances
that the recovery of the said contraband has been made from the
possession of the petitioners and FSL report also confirms the
same, I am not inclined to enlarge the petitioner on bail in
connection with Araria P.S. Case No. 15 of 2026 pending in the
court of learned Sessions Judge-cum-Special Judge, NDPS Act,
Araria.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
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