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Patna High Court

Sanjay Kumar SahversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the recovery of commercial quantity of ganja invoked the embargo under Section 37 of the NDPS Act.

Summary

The petitioner, Sanjay Kumar Sah, was arrested on 3 February 2026 for alleged involvement in the recovery of 424.718 kg of ganja, charged under IPC sections 399, 402 and 34 and NDPS Act sections 8 and 20(ii)(c). He sought bail, claiming a clean antecedent and that the seized narcotics were found in a truck, not in his conscious possession, and that mandatory provisions of the NDPS Act were not complied with. The State opposed bail, arguing that the quantity exceeded commercial limits, invoking the embargo provision of Section 37 of the NDPS Act, and that the mandatory provisions were satisfied. The court, relying on Supreme Court precedents, held that the large quantity indicated knowledge and risk of re‑offending, thereby triggering the Section 37 embargo. Consequently, the bail petition was refused.

Issues considered

  • Whether bail can be granted in an NDPS case where the quantity of narcotic seized exceeds the commercial threshold.
  • Whether the petitioner had knowledge or conscious possession of the seized ganja.
  • Whether the embargo provision under Section 37 of the NDPS Act applies to deny bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 37 embargo
  • commercial quantity
  • narcotics
  • IPC
  • possession
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39989 of 2026
                     Arising Out of PS. Case No.-25 Year-2026 Thana- Haraiya District- East Champaran
                 ======================================================
                 Sanjay Kumar Sah S/o Jaylal Sah Resident of Village- Ward No. 5, Nautan,
                 Bahuari, P.S.- Kalaiya, District- Bara, Nepal

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Rathore@ Kundan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                        Heard Mr. Kundan Rathore @ Kundan Kumar,

                   learned counsel for the petitioner and Mr. Kumar Veerendra

                   Narayan, learned APP for the State.

                                 2.    Petitioner seeks bail who is in custody since

                   03.02.2026 in connection with N.D.P.S. G.R. Case No. 18 of

                   2026 arising out of Haraiya P.S. Case No. 25 of 2026 for the

                   offences punishable under Sections 399, 402/34 of the Indian

                   Penal Code, Sections 8, 20(ii)(c) of the N.D.P.S. Act.

                                  3. The case relates to recovery of 424.718 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.39989 of 2026(2) dt.29-06-2026
                                            2/3




          conscious possession of the petitioner rather recovery has been

          made from the Truck in question and altogether 424.718 Kgs. of

          Ganja like substance was recovered and there is non compliance

          of mandatory provision of N.D.P.S. Act. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 03.02.2026.

                         5.    Learned Additional Public Prosecutor, on the

          other hand, vehemently opposed the prayer for bail of the

          petitioner and submits that it appears from the F.I.R. that the

          recovered contraband is more than the commercial quantity, so

          there is embargo under Section 37 of the N.D.P.S. Act and apart

          from that there is compliance of mandatory provision of

          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

          offence.

                       7. The issue was considered by the Hon’ble Supreme

          Court in the case of State of Kerala and Ors. Vs. Rajesh and
               Patna High Court CR. MISC. No.39989 of 2026(2) dt.29-06-2026
                                                           3/3




                         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. Considering the aforesaid facts and circumstance of

                         the case as well as the recovered contraband is more than the

                         commercial quantity and there is embargo under Section 37 of

                         the N.D.P.S. Act, I am not inclined to enlarge the petitioner on

                         bail in connection with N.D.P.S. G.R. Case No. 18 of 2026

                         arising out of Haraiya P.S. Case No. 25 of 2026, pending in the

                         Court      of   learned      Sessions       Judge/Special   Judge,   East

                         Champaran, Motihari.

                                      10. Prayer is refused.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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