Patna High Court
Ashalam Alam @ Ashalam DarjiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied as the seizure involved commercial quantity of charas, invoking Section 37 of the NDPS Act.
Summary
The petitioner, Ashalam Alam, was arrested after 12 kg 110 g of charas was seized from his possession. He filed a bail application in the Patna High Court for offences under Sections 20(B)(ii)(c), 25 and 29 of the NDPS Act, pending before the Special Judge NDPS Court II, East Champaran. The court examined whether bail could be granted when a commercial quantity of a narcotic is involved, which under Section 37 of the NDPS Act creates a presumption of guilt. Considering the large quantity seized, the court was not inclined to relax the presumption and therefore rejected the bail plea. The court, however, allowed the petitioner to renew the bail application if the trial is not concluded within six months.
Issues considered
- Whether bail can be granted to an accused when a commercial quantity of narcotic drug is seized, invoking Section 37 of the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 25, 29, 37
Subjects
- bail
- NDPS Act
- commercial quantity
- charas
- presumption of guilt
- Section 37
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30020 of 2026
Arising Out of PS. Case No.-52 Year-2024 Thana- SUGAULI RAIL PS District- East
Champaran
======================================================
Ashalam Alam @ Ashalam Darji S/o Sakur Miya @ Sakur Darji R/o vill-
Belahiya, P.S.- Ramgarhwa, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar Ii, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Rail Sugauli P.S. Case
No. 52 of 2024 registered for the offences punishable under
Sections 20(B)ii c, 25, 29 N.D.P.S. Act pending before the
Special Judge NDPS Court II East Champaran Motihari.
3. The allegation is that 12 kgs 110 gms Charas was
recovered from the possession of the petitioner and co-accused.
4. Considering that the commercial quantity of Charas
was recovered from the possession of the petitioner which is
barred under Section 37 of NDPS Act, this Court is not inclined
to grant bail to the petitioner.
5. Accordingly, the prayer for bail is rejected.
Patna High Court CR. MISC. No.30020 of 2026(2) dt.06-05-2026
2/2
6. If the trial is not concluded within a period
of six months the petitioner may renew his prayer for
bail.
(Ansul, J)
Vikash/-
U T
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