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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

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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