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Patna High Court

Md AbdulversusThe Union of India through the Directorate of Revenue Intelligence, Muzaffarpur.

Decided
Disposal
REJECTED

Holding

Bail was denied because the recovery involved a commercial quantity of ganja and the court was not convinced of the petitioner’s innocence or that he would not reoffend.

Summary

The petitioner, Md Abdul, a driver, was arrested on 10 February 2025 for alleged involvement in the transport of 580.2 kg of ganja, a commercial quantity, under the NDPS Act. He applied for bail, claiming a clean record and that he was merely a driver without knowledge of the narcotics, asserting procedural lapses in the seizure. The Directorate of Revenue Intelligence opposed bail, emphasizing the large quantity recovered and compliance with mandatory provisions, invoking Section 37 of the NDPS Act which restricts bail in commercial‑quantity cases. The court examined precedents from the Supreme Court (State of Kerala v. Rajesh, NCB v. Mohit Aggarwal, Union of India v. Ajay Kumar Singh) regarding bail standards in such cases. Concluding that there was no sufficient reason to believe the petitioner was not guilty nor that he would not reoffend if released, the court denied the bail application.

Issues considered

  • Whether bail can be granted in an NDPS case involving a commercial quantity of narcotic drug.
  • Whether the petitioner’s alleged lack of knowledge and procedural lapses justify bail under Section 37 of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • drug trafficking
  • Directorate of Revenue Intelligence
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33514 of 2026
                        Arising Out of PS. Case No.-17 Year-2024 Thana- D.R.I District- Muzaffarpur
                 ======================================================
                 Md Abdul S/o Md. Daroga Resident of Village - Sareya, P.S. - Goriya Kothi,
                 District - Siwan.

                                                                                      ... ... Petitioner/s
                                              Versus
                 The Union of India through the Directorate of Revenue Intelligence,
                 Muzaffarpur. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Dr. Rajesh Kumar Singh, Advocate
                 For the DRI              :         Mr. Amit Pandey, Sr. S.C
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Dr. Rajesh Kumar Singh, learned counsel for

                   the petitioner and Mr. Amit Pandey, learned counsel for the

                   Directorate of Revenue Intelligence (DRI).

                                  2.    Petitioner seeks bail who is in custody since

                   10.02.2025 in connection with N.D.P.S. Case No. 107 of 2025

                   connected with DRI Case No. 17 of 2024-25 for the offences

                   punishable under Sections 20(b)(ii)c/25/29 of the N.D.P.S. Act.

                                   3. The case relates to recovery of 580.2 Kgs. of

                   Ganja.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. It appears from the F.I.R. as well

                   as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.33514 of 2026(2) dt.14-05-2026
                                            2/3




          conscious possession of the petitioner rather recovery has been

          made from the truck in question and the petitioner has been

          made accused in the present case merely on the ground that he is

          the driver of the truck in question. In fact, the petitioner has

          given consignment by one Sri Bhan Singh and he has paid Rs.

          5000/- advance to the petitioner and petitioner was apprehended

          along with 580.2 Kgs. of Ganja. He further submits that there is

          non compliance of mandatory provisions of N.D.P.S. Act.

                        5. Mr. Amit Pandey, learned counsel for the DRI, on

          the other hand, vehemently opposed the prayer for bail of the

          petitioner and submits that from perusal of the F.I.R. as well as

          seizure list it appears that altogether 580.2 Kgs. Of Ganja was

          recovered from the truck in question and there is compliance of

          mandatory provision of N.D.P.S. 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 petitioner has not committed the

          offence and in the event of release he would not commit similar
               Patna High Court CR. MISC. No.33514 of 2026(2) dt.14-05-2026
                                                           3/3




                         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

                         @ Pappu reported in 2023 SCC OnLine SC 3456 dated

                         28.03.2023.

                                     8. The recovery of huge quantity of Ganja 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 N.D.P.S. Case No. 107 of 2025

                         connected with DRI Case No. 17 of 2024-25, pending in the

                         Court      of   learned      Exclusive       Special   Court-II   (NDPS),

                         Muzaffarpur.

                                      10. Prayer is refused.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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