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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 2(d)
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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