Created by Fuzzy Cloud

Patna High Court

Obaidur MominversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail is not permissible where the accused is in conscious possession of a commercial quantity of narcotic, as the court must be convinced of the accused's lack of knowledge and likelihood of reoffending under Section 37 of the NDPS Act.

Summary

The petitioner, Obaidur Momin, was arrested on 13 March 2026 for alleged possession of 1.5 kg of smack, invoking Sections 8(c), 21(c) and 25 of the NDPS Act. He claimed a clean antecedent and that the FIR was fabricated, seeking bail. The prosecution countered that the narcotic and personal items were recovered from his conscious possession, amounting to a commercial quantity, thereby invoking the embargo provision of Section 37 of the NDPS Act. The court examined the stringent bail standards for NDPS cases, citing Supreme Court precedents that require a belief the accused is not likely to reoffend and has no knowledge of the contraband. Concluding that the facts did not satisfy these criteria, the court refused the bail application. The petition for bail was therefore dismissed.

Issues considered

  • Whether bail can be granted in an NDPS case where the accused is found in conscious possession of a commercial quantity of narcotic.
  • Whether the petitioner has demonstrated that he is unlikely to commit a similar offence if released.
  • Application of Section 37 of the NDPS Act in the context of bail for offences under Sections 8(c), 21(c) and 25.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • conscious possession
  • Section 37
  • drug trafficking
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32745 of 2026
                         Arising Out of PS. Case No.-53 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
                 Obaidur Momin Son of Ismain Momin R/o Village - Bhagalpur, P.S. -
                 Kaliyachak, District - West Bengal.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-05-2026                    Heard Mr. Umesh Kumar Gupta, learned counsel for

                   the petitioner and Mr. Arun Kumar Singh, learned APP for the

                   State.

                               2. Petitioner seeks bail who is in custody since

                   13.03.2026 in connection with R.S. (Araria) P.S. Case No. 53 of

                   2026 for the offences punishable under Sections 8(c), 21(c) and

                   25 of the N.D.P.S. Act, 1985.

                               3. Recovery is of 1.500 kg of Smack.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed

                   any offence as alleged in the FIR.

                               5. Learned Additional Public Prosecutor on the other
Patna High Court CR. MISC. No.32745 of 2026(2) dt.13-05-2026
                                            2/3




          hand vehemently opposed the prayer for bail of the petitioner

          and submits that from perusal of the seizure list it appears that

          altogether 1.500 kg of contraband (Smack) has been recovered

          from the conscious possession of the petitioner and apart from

          that one mobile phone, one Aadhar Card etc., have also been

          recovered from the conscious possession of the petitioner. He

          further submits that there is compliance of Section 42 and 50 of

          the NDPS Act and the recovered contraband is more than the

          commercial quantity, so there is embargo under Section 37 of

          the N.D.P.S. Act.

                      6. The grant of bail in NDPS cases where the recovery

          of commercial quantity of narcotic is alleged is circumscribed

          under Narcotic Drugs and Psychotropic Substance Act, 1985,

          Section 37 which says that before grant of bail, the Court must

          have reason to believe that petitioners have not committed the

          offence and in the event of release he would not commit similar

          offence.

                       7. The issue was considered by the Hon’ble Supreme

          Court in the case of State of Kerala and Ors. Vs. Rajesh and

          Ors. reported in (2020) 12 SCC, 122 as well as in the case of

          Narcotic Control Bureau Vs. Mohit Aggarwal reported in

          AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh
            Patna High Court CR. MISC. No.32745 of 2026(2) dt.13-05-2026
                                                        3/3




                      @ Pappu reported in 2023 SCC OnLine SC 3456 dated

                      28.03.2023.

                                  8. The recovery of huge quantity of contraband

                      recovered would not justify that the petitioner had no

                      knowledge of the narcotic nor there is any material to

                      substantiate that the petitioner would not commit such offence

                      in the event of release.

                                  9. Hence, I am not inclined to enlarge the petitioner on

                      bail in connection with R.S. (Araria) P.S. Case No. 53 of 2026

                      pending in the Court of learned Principal District and Sessions

                      Judge, Araria.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.