Patna High Court
Manpreet KaurversusThe Union of India Through Customs Dept, Airport customs, Gaya
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, ordering provisional release pending verification of her criminal antecedent.
Summary
Manpreet Kaur was arrested at Gaya airport customs after 8.145 kg of ganja was seized from her luggage, leading to charges under sections 20(b)(ii)(b), 22(b), 25 and 29 of the NDPS Act. The petitioner pleaded innocence, argued procedural lapses in the seizure list (non‑compliance with Section 105 of the BNSS), and highlighted her lack of criminal antecedent. The Union of India contended that the marijuana was seized in her presence, confirmed by the forensic lab, and that the quantity exceeded the small‑quantity threshold, amounting to a commercial offence. After hearing both sides, the High Court considered the facts, the quantity involved, and the petitioner’s personal circumstances, and decided to grant regular bail on a bond of Rs.10,000 with two sureties, subject to verification of any criminal antecedent. The trial court was directed to release the petitioner provisionally and confirm bail after the antecedent check.
Issues considered
- Whether the petitioner is entitled to regular bail despite possession of 8.145 kg of ganja exceeding the small‑quantity threshold under the NDPS Act
- Whether procedural defects in the seizure list (non‑compliance with Section 105 of the BNSS) affect the bail application
- Whether the quantity seized constitutes a commercial quantity under the NDPS Act
Legislation cited
Subjects
- bail
- NDPS Act
- possession of narcotic
- commercial quantity
- customs seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27846 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- CUSTOM (GOVERNMENT OFFICIAL)
District- Gaya
======================================================
Manpreet Kaur Daughter of Late Baljeet Singh Resident of village- Veer
singh Patti, VPO Dayalpura Mirza, Bhatinda Ps- Bhatinda, Dist- Bhatinda,
Punjab
... ... Petitioner/s
Versus
The Union of India Through Customs Dept, Airport customs, Gaya Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Sriram Krishna, Sr./St. Counsel, Custom
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 22-06-2026 Heard learned counsel for the petitioner and learned
counsel for the Union of India through Customs.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 20(b)(ii)(b),
22(b), 25 and 29 of the NDPS Act.
3. The case of the prosecution is that from the bag of the
petitioner, altogether 8.145 kg of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses of
the seizure list are police personnel and police have not complied
Section 105 of BNSS while preparing the seizure list. A statement
has been made in para-3 of this petition that the petitioner has got
Patna High Court CR. MISC. No.27846 of 2026(4) dt.22-06-2026
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no criminal antecedent. Petitioner is a lady. Moreover, she is
languishing in judicial custody since 27.01.2026.
5. Countering this, learned counsel for the Union of
India through Customs has submitted that the petitioner was found
carrying contraband substance concealed in two trolley bags
brought by her from Bangkok via international flight which was
seized in her presence and two independent witnesses are there.
The contraband substance was confirmed to be Marijuana
containing Tetrahydrocannabinol (THC) as their chief intoxicating
ingredient and by the FSL, Patna confirmed Ganja containing
Dronabinol (Delta-9 Tetrahydrocannabinol). Learned counsel has
further submitted that small quantity for Dronabinol is 2 grams
and commercial quantity is 50 grams, as such, it has been
submitted that the contraband which has been recovered from the
possession of this petitioner is much more than commercial
quantity.
6. Countering this, learned counsel for the petitioner has
submitted that tetrahydrocannabinol (THC) is the intoxicant
material which is found in the marijuana but the total marijuana
does not contain entire THC. Some part of it is ‘THC’ and that
considering this, the Legislator has fixed the commercial quantity
of ganja to be 20 kg. Learned counsel has further submitted that in
any view of the matter, the contraband which has been recovered
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from the possession of this petitioner is though more than small
quantity but is much less than commercial quantity as per NDPS
Act.
7. Learned counsel for the Union of India has
vehemently opposed and has submitted that the petitioner might
have criminal antecedent.
8. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Airport Customs Gaya P.S. Case No. 11 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge-cum-
Special Judge, NDPS Act, Gayaji.
9. Learned trial court is directed that before
verifying the criminal antecedent of the petitioner, the court
may release the petitioner provisionally and her bail shall be
confirmed after the verification of her criminal antecedent.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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