Patna High Court
Kameshwar Sah @ Kamlesh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner’s valid licence, lack of knowledge of the ganja, and procedural lapses by the police outweighed the grounds for denial of bail, warranting the grant of regular bail.
Summary
The petitioner, a licensed drug dealer under the Drugs and Cosmetics Act, was arrested after police seized 295 tablets of various medicines, 17 grams of ganja, and other narcotic items from his shop. He contended that the medicines were held under his valid license and that he had no knowledge of the ganja, also alleging that the police failed to comply with Section 105 of the B.N.S.S. and that the quantity of ganja was below the small‑quantity threshold. The State opposed regular bail, citing the nature of the seized narcotics and the petitioner’s two prior criminal cases. The court examined the licence, the alleged procedural lapses, and the small quantity argument, and concluded that these factors justified granting bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge (NDPS).
Issues considered
- Whether the seizure of medicines and ganja constitutes an offence under Sections 8 and 21(B)(ii)(b) of the NDPS Act given the petitioner’s valid drug licence.
- Whether the police complied with the mandatory provisions of Section 105 of the B.N.S.S. during the seizure.
- Whether the 17 grams of ganja falls within the ‘small quantity’ exemption under the NDPS Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of regular bail.
Legislation cited
- B.N.S.S. — s. 105
- Drugs and Cosmetics Act
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(B)(ii)(b), 8
Subjects
- bail
- NDPS Act
- drug licence
- small quantity
- Section 105
- procedural lapse
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34674 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Kameshwar Sah @ Kamlesh Sah S/o Shivnandan Sah Resident of Rupauli,
Ward No.-07, P.S.- Bathnaha, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advoate.
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8/21(B) (ii) (b)
of the NDPS Act.
3. The case of the prosecution, in short, is that from the
shop of this petitioner Spam-10 tablets – 174 pieces, Nitrosun-10
tablets – 121 pieces, altogether 295 pieces of intoxicant tablets and
17 grams of Ganja, Tazowin narcotic injection 30 mg/ml, Corex
cough syrup 105 pieces 100 ml each and Corex syrup 19 pieces of
100 ml each was recovered.
4. Learned counsel for the petitioner submits that at
annexure- 2, the petitioner has licence under Drugs and Cosmetics
Act which is valid upto 23.01.2029. He has further submitted that
petitioner is a valid licence holder and the medicines which are
recovered from possession of this petitioner was hold by him under
Patna High Court CR. MISC. No.34674 of 2026(2) dt.20-05-2026
2/2
the licence, as such, no offence is made out against the petitioner for
the recovery of the medicine and as far as the recovery of 17 gram of
Ganja is concerned he has no knowledge about the same. It is also
submitted that all the witnesses to the seizure list are police
personnel, and the police have not complied the mandatory
provisions of Section 105 of the B.N.S.S. It is further argued that the
alleged recovered quantity of ganja is much less than small quantity.
The petitioner is in custody since 13.03.2026 and has criminal
antecedents of two cases.
6. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
7. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Sitamarhi P.S. Case No. 186 of 2026 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge (NDPS),
Sitamarhi/concerned Court.
(Ashok Kumar Pandey, J)
khushbu/-
U
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