Patna High Court
Sachin NarayaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court held that bail could not be granted as the petitioner was not entitled to the privilege of bail under the circumstances.
Summary
The petitioner, Sachin Narayani, was arrested on 29-12-2024 for allegedly carrying 8.8 kg of Delta-9 THC in a suitcase, contravening Sections 20(b)(ii)(b), 25 and 29 of the NDPS Act. He applied for regular bail, claiming innocence and alleging that the arrest was made without proper search and seizure procedures. The Customs authority opposed bail, contending that the quantity far exceeds the commercial limit of 50 g and that the substance is highly intoxicating. The Court examined the statutory provisions and the fact that the seized amount surpasses the commercial quantity, concluding that the petitioner does not merit the privilege of bail. Consequently, the bail petition was rejected and the trial was directed to be expedited.
Issues considered
- Whether bail can be granted when the quantity of narcotic exceeds the commercial quantity under the NDPS Act
- Whether a procedural lapse in search and seizure affects the grant of bail
- Whether the nature of the seized substance (Delta-9 THC) influences the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 25, 29
Subjects
- NDPS Act
- bail
- narcotics
- commercial quantity
- search and seizure
- customs
- Delta-9 THC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34467 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- CUSTOM (GOVERNMENT OFFICIAL)
District- Gaya
======================================================
Sachin Narayani S/o- Sri Ashok Narayani Resident of House No- 34 Chandan
Aawas ward No- 51 Lingiyadih PS- Rajkishore Nagar, Dist- Bilaspur,
Chhatishgarh
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Union of India through the Superintendent, Customs, Gaya International
Air Port, Gaya Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Kumar, Adv.
Mr.Saket Singh, Adv.
For the State : Mr.Shailendra Kumar, APP
For OP No. 2 : Mr.Amit Pandey, Sr. S.C. DRI
Mr.Rakesh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 05-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with GIA Gaya Unit Case No. 05/2024-25, registered for
the offences punishable under Sections 20(b)(ii)(b), 25 and 29 of
NDPS Act.
3. According to the allegation, 8.800 kg (net weight) of
narcotics substance contained in a suitcase was recovered, carried by
the petitioner.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. The
Patna High Court CR. MISC. No.34467 of 2025(6) dt.05-02-2026
2/2
quantity of contraband is though greater than small quantity but less
than the commercial quantity. The petitioner was arrested on
29.12.2024 without complying the procedure of search and seizure.
5. On the other hand, the learned counsel for OP No.
2/customs has opposed the prayer for bail and submitted that the
recovered contraband is Delta-9 Tetrahydrocannabinol (THC) which
is highly intoxicating narcotic substance, and its commercial
quantity, according to serial no. 166 of Government’s notification, is
50 gm. He has also submitted that the quantity is much more than the
commercial quantity. The petitioner was arrested with contraband
which is highly intoxicant.
6. Considering the above-mentioned facts and
circumstances, the petitioner doesn’t deserve the privileges for bail.
Accordingly, it is rejected.
7. The learned court below is directed to expedite the trial.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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