Patna High Court
Sandeep Kumar @ Sandeep MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied because the seized quantity exceeds the commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
The petitioner, Sandeep Kumar, was arrested in connection with an NDNDPS case involving the alleged possession of 2,493 bottles (totaling 249,300 ml) of codeine‑containing cough syrup recovered from his joint family house. He sought bail, claiming innocence and pointing out that a co‑accused had already been granted bail. The State opposed, arguing that the seized quantity far exceeds the commercial quantity threshold, invoking the bar on bail under Section 37 of the NDPS Act, and relying on the Supreme Court’s decision in Hira Singh (2020 20 SCC 272) that neutral substances must be counted in determining quantity. The Court examined the statutory provisions and the precedent, concluding that the magnitude of the seizure justifies denial of bail. Consequently, the bail petition was rejected and the trial was directed to proceed expeditiously.
Issues considered
- Whether bail can be granted when the seized narcotic quantity exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether neutral substances mixed with narcotics should be included in the calculation of total quantity for the purpose of determining commercial quantity.
- Whether the grant of bail to a co‑accused influences the bail application of the petitioner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 37, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- codeine
- cough syrup
- neutral substance
- Section 37
- drug trafficking
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2961 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Sandeep Kumar @ Sandeep Mandal S/O Hari Kishore Mandal R/O Village-
Jayrampur, Ward No.10, P.S- Murliganj, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 93 of 2025, Murliganj P.S. Case No. 446 of 2025
instituted for the offences under Sections 8(c), 21(b), 22 of the
NDPS Act and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. Prosecution allegation, in short, is that total 2493
bottles, each of 100 ml cough syrup containing codeine
phosphate and triprolidine hydrochloride have been recovered in
this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.2961 of 2026(3) dt.20-02-2026
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present case. The petitioner is in custody since 28.10.2025 and
has got two criminal antecedents. There is no allegation of
tampering of witnesses alleged against the petitioner. Learned
counsel further submits that petitioner has no concern with the
alleged recovery. He further contended that the said recovery
has been made from the joint house of the petitioner where other
family members also reside. The co-accused person has already
been granted bail by a coordinate Bench of this Court vide order
dated 17.01.2026 passed in Cr. Misc. No. 1498 of 2026.
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 total 249.300 litres of codeine containing
cough syrup has been recovered and therefore, the recovered
contraband is above the commercial quantity, hence, there is bar
under Section 37 of the N.D.P.S. Act. Learned A.P.P. has further
relied upon a case of Hon’ble Supreme Court since reported in
(2020) 20 SCC 272 (Hira Singh and Another versus Union of
India and Another) in which the Hon’ble Apex Court held that
in case of seizure of mixture of narcotic drugs or psychotropic
substance with one or more neutral substance(s), the quantity of
neutral substance(s) is not to be excluded and to be taken into
consideration along with actual content by way of offending
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drug while determining the “small or commercial quantity” of
narcotic drugs or psychotropic substance.
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.
8. Learned Trial Court is directed to concluded the
trial in an expeditious manner without any undue delay and
unnecessary adjournment.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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