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Patna High Court

Ranjeet Mukhiya @ Ranjit Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court held that Section 2(d) of the NDPS Act excludes jurisdiction, the Hira Singh precedent is not applicable, and therefore bail should be granted.

Summary

The petitioner, Ranjeet Mukhiya, was arrested in connection with a case alleging possession of 1,200 litres of codeine phosphate cough syrup and 15 strips of tramadol. He claimed innocence, stating that no incriminating article was found in his conscious possession and that he has a clean antecedent. The State opposed bail, relying on the Supreme Court decision in Hira Singh v. Union of India, arguing that the seized material constituted a commercial quantity of contraband. The Court examined the Central Government’s Notification S.O. 826(E) and noted that under Section 2(d) of the NDPS Act the drug itself is not a narcotic, rendering the case outside the Act’s jurisdiction. Consequently, the Court held that the Hira Singh precedent was inapplicable and granted bail on condition of a Rs.10,000 bond with two sureties.

Issues considered

  • Whether the seized codeine falls within the definition of a narcotic drug under the NDPS Act for the purpose of bail.
  • Whether Section 2(d) of the NDPS Act excludes the Court's jurisdiction over the alleged offence.
  • Whether the Supreme Court’s decision in Hira Singh v. Union of India is applicable to the present facts.
  • Whether bail should be granted given the petitioner’s clean antecedent and the nature of the alleged contraband.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine
  • narcotic definition
  • jurisdiction
  • Hira Singh precedent
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33350 of 2026
                        Arising Out of PS. Case No.-11 Year-2026 Thana- Bhittha District- Sitamarhi
                 ======================================================
                 Ranjeet Mukhiya @ Ranjit Kumar Mukhiya S/O Nirgun Mukhiya @ Niguna
                 Mukhiya R/O village- Shri Khandi, Bhittha @ ward no. 3, Shri Khandi
                 Bhittha @ ward no. 3 Shri Khandi Bhittha Purvi, P.S.- Bhittha, Dist.-
                 Sitamarhi

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Patna
           2.    The Union Of India Through the Ministry of Home Affairs, New Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Santosh Kumar, Adv.
                 For the Opposite Party/s :         Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   24-06-2026                    Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in connection with Bhittha P.S.

                   Case No. 11 of 2026 instituted for the offences under Sections 21 (c)

                   of the NDPS Act.

                                3. The allegation is that about 1.200 litres of codeine

                   phosphate cough syrup and 15 strips of Tramodol containing

                   Pyeevon spas capsule was recovered from the petitioner.

                                4. Learned counsel for the petitioner submit that the

                   petitioner is innocent and have falsely been implicated in the present

                   case and no incriminating article has been recovered from the

                   conscious possession of the petitioner. The petitioner is in custody

                   since 01.02.2026 and has clean antecedent.
Patna High Court CR. MISC. No.33350 of 2026(3) dt.24-06-2026
                                            2/3




                       5. Learned counsel for the petitioner has submitted that

          the Central Government has issued Notification No. S.O. 826(E)

          dated 14.11.1985 which is given hereunder:-

                                           “S.O. 826(E). - In exercise of
                                the powers conferred by sub-clause (b) of
                                clause (xi) of section 2 of the Narcotic
                                Drugs and Psychotropic Substances Act,
                                1985 (61 of 1985), the Central
                                Government hereby declares the following
                                narcotic substances and preparations to
                                be manufactured drugs, namely:-
                                       xxx
                                       35. Methyl morphine (commonly
                                known as 'Codeine') and Ethyle morphine
                                and their salts (including Dionine), all
                                dilutions and preparations except those
                                which are compounded with one or more
                                other ingredients and containing not more
                                than 100 milligrams of the drug per
                                dosage unit, and with a concentration of
                                not more than 2.5% in undivided
                                preparations and which have been
                                established in Therapeutic practice.
                                       xxx”
                  6. Learned APP appearing for the State has vehemently

          opposed the application for bail and has submitted that in the case of

          Hira Singh and Anr. V. Union of India and Anr., the Hon’ble

          Supreme Court has held that entire non-toxic material which is mixed

          with the contraband will be considered as the contraband and as such,

          the quantity which has been recovered from the possession of this

          petitioner is commercial quantity.

                  7. In this regard, it is worth mentioning that in view of Section

          2(d) of NDPS Act, the drug itself is not a narcotic drug and therefore

          there is no jurisdictional basis for the case at hand and hence, this

          Court would not have a reason to go into the questions of quantities.
           Patna High Court CR. MISC. No.33350 of 2026(3) dt.24-06-2026
                                                       3/3




                     Also, this Court is of the view that the decision of Hira Singh (supra)

                     loses its relevance and the same is meant for situations where the

                     items are narcotic. The petitioner also has clean antecedent,

                     therefore, this Court is inclined to grant bail to the petitioner.

                             8. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Special Judge NDPS Act,

                     Sitamarhi/concerned Court in connection with Bhittha P.S. Case No.

                     11 of 2026.

                             9. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of

                     the present bail application. Such observations shall not be construed

                     as an expression on the merits of the case and shall not influence the

                     trial or any other proceedings in any manner.



                                                      (Ansul, J)
Siddharth Soni/-

U      T


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