Patna High Court
Swapan DasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the commercial quantity of narcotic and the stage of trial did not warrant release.
Summary
The petitioners, Swapan Das and Swapan Sharma, who were the cleaner and co‑driver of a truck, were arrested on 10 October 2021 after a seizure of 306.86 kg of ganja, a commercial quantity under the NDPS Act. They filed a bail petition in the Patna High Court, contending that five of the seven prosecution witnesses had already been examined and the remaining two could not be located. The DRI counter‑affidavit argued that the two pending witnesses could not be produced and that the case had been pending for an unduly long period. The Court held that, given the commercial quantity of the narcotic and the fact that the prosecution witnesses had largely been examined, bail could not be granted at this stage. The petition was dismissed, but the Court directed the trial court to conclude the trial within four months, after which the petitioners may renew their bail application.
Issues considered
- Whether bail can be granted in an NDPS case involving a commercial quantity of narcotic when some prosecution witnesses remain unexamined
- Whether the length of pre‑trial detention justifies the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 25, 29
Subjects
- bail
- NDPS Act
- commercial quantity
- pre‑trial detention
- witness examination
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33988 of 2025
Arising Out of PS. Case No.-7 Year-2021 Thana- D.R.I District- Patna
======================================================
1. Swapan Das S/o- Late Sunil Das Village- Maya Bazar Padopokhar Po-
Plashdih Ps- DTPS Durgapur Dist- Bardhman W.B
2. Swapan Sharma S/o- Late Chintamani Sharma Village- Maya Bazar
Padopokhar Po- Plashdih Ps- DTPS Durgapur Dist- Bardhman W.B
... ... Petitioner/s
Versus
1. The State of Bihar
2. Intelligence Officer, DRI, Regional Unit Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s : Mr. Vikash Kumar, Sr. SC
Mrs. Aradhana Kumari, Adv.
Mr. Akash Deep, Adv.
Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
9 13-02-2026 Heard learned counsel for the petitioners, learned
counsel for the DRI and learned Additional Public Prosecutor
for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 20(B), 25, 29 of the N.D.P.S.
Act.
3. The present case concerns recovery of 306.860 kg
of Ganja from the truck which is a commercial quantity under
the N.D.P.S. Act.
4. Learned counsel for the petitioners submits that the
petitioners are the truck cleaner and co-driver of the truck and
Patna High Court CR. MISC. No.33988 of 2025(9) dt.13-02-2026
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they have remained in custody since 10.10.2021 and a report
with regard to the stage of the case had been called for which
indicates that five out of the seven prosecution witnesses have
already been examined and the case is pending for examination
of two independent witnesses.
5. Learned counsel for the DRI has submitted by way
of his counter affidavit that upon verification of address of two
concerned witnesses, they were not found at the said address.
However, the case cannot be kept pending for long on account
of non-examination of the prosecution witnesses as it would be
evident from the order dated 21.12.2024 itself that even at that
stage these two witnesses were remaining to be examined. It is
also to be considered that the petitioners are also in custody for
subsequently long period i.e. from the year 2021.
6. In such of the matter, considering the commercial
quantity of narcotic which was recovered and the fact that all
the official witnesses have already been examined, I am not
inclined to enlarge the petitioners on bail at this stage.
Accordingly, their prayer for bail is rejected in connection
Special (NDPS) Case No. 146 of 2021 arising out of DRI Patna
Unit Case No. 07 of 2021-22.
7. However, learned court below is directed to
Patna High Court CR. MISC. No.33988 of 2025(9) dt.13-02-2026
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proceed with the case expeditiously and conclude the trial
preferably within a period of four months, failing which the
petitioners shall be at liberty to renew their prayer for bail.
(Soni Shrivastava, J)
devendra/-
U T
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