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Patna High Court

Chandra Bhushan Singh @ Chandra Bhushan YadavversusThe Union of India through the D.R.I., Regional Unit,

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the recovery of commercial quantity of ganja and the lack of evidence to show the petitioner’s innocence preclude the grant of bail under Section 37 of the NDPS Act.

Summary

Chandra Bhushan Singh, arrested on 3 July 2023, was charged in a special NDPS case for allegedly possessing 63.1 kg of ganja, a commercial quantity. He sought bail, claiming innocence and that he had bought the narcotic from a third‑party, Lal Babu Yadav. The Union of India opposed bail, citing the large quantity and the embargo provision under Section 37 of the NDPS Act, supported by a forensic report. The High Court examined Supreme Court precedents on bail in commercial‑quantity NDPS cases and noted that the trial was still pending, with two witnesses yet to be examined. Finding no material to demonstrate the petitioner’s lack of knowledge or risk of re‑offending, the court refused bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail can be granted in an NDPS case involving commercial quantity of narcotic under Section 37 of the NDPS Act.
  • Whether the petitioner’s claim of innocence and purchase from a third party is sufficient to overcome the presumption of guilt.
  • Whether the embargo provision under Section 37 applies to the present facts.
  • Whether the stage of the trial justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37 embargo
  • narcotics
  • trial delay
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45439 of 2025
                           Arising Out of PS. Case No.-18 Year-2023 Thana- D.R.I District- Patna
                 ======================================================
                 Chandra Bhushan Singh @ Chandra Bhushan Yadav S/o Krishna Singh
                 Resident of village- Hardaypur Itahi Tola Haridaypur, PS- Bihiya Dist-
                 Bhojpur

                                                                                      ... ... Petitioner/s
                                                   Versus
                 The Union of India through the D.R.I., Regional Unit, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :         Mr. Vikash Kumar, Sr. S.C.
                                                    Mr. Ankit Kumar Singh, Jr. S.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   16-03-2026                  Heard Mr. Sanjay Kumar, learned counsel for the

                   petitioner and Mr. Vikash Kumar, learned Senior Standing

                   Counsel for the Union of India.

                                2. The petitioner seeks bail, who is in custody since

                   03.07.2023 in connection with Special (NDPS) Case No.

                   04/2024, arising out of DRI/LZU/PRU/718(II)/ENQ-18/2023

                   DRI Patna Unit Case No. 08/2023-24 dated 02.07.2023,

                   registered for the offence punishable under Sections u/s

                   8(c)/20(b)(ii)(C) /2025,

                                3. Earlier the prayer for bail of the petitioner was

                   rejected by a coordinate Bench of this Hon’ble Court vide order

                   dated 24.07.2024 passed in Cr. Misc. No. 16599 of 2024.

                                4. As per allegation in the FIR is that altogether
Patna High Court CR. MISC. No.45439 of 2025(6) dt.16-03-2026
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          63.100 Kgs. of Ganja was recovered from the vehicle in

          question.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has falsely been implicated in the

          present case. Learned counsel further submits that the petitioner

          had purchased the alleged Ganja from one Lal Babu Yadav. The

          same is registered in the name of Lal Babu Yadav. Petitioner is

          in custody since 03.07.2023 and the trial has not concluded as

          yet.

                       6. Learned counsel for the D.R.I., on the other hand,

          vehemently opposed the prayer for bail of the petitioner and

          submits 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 FSL report also confirms that the recovered

          contraband is Ganja.

                       7. 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.
Patna High Court CR. MISC. No.45439 of 2025(6) dt.16-03-2026
                                            3/4




                       8. 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.

                       9. 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.

                       10. As far as trial is concerned, vide order dated

          10.09.2025, a report was called with regard to stage of the trial.

          Report dated 17.09.2025, learned Trial Court reveals that out of

          seven complaint witnesses, five witnesses have been examined

          and the case is pending for examination of two independent

          witnesses.

                       11. Considering the nature of allegation in the FIR,

          and report of learned Trial court, I am not inclined to enlarge the

          petitioner on bail in connection with Special (NDPS) Case No.

          04/2024, arising out of DRI/LZU/PRU/718(II)/ENQ-18/2023
            Patna High Court CR. MISC. No.45439 of 2025(6) dt.16-03-2026
                                                        4/4




                      DRI Patna Unit Case No. 08/2023-24, pending in the Court of

                      learned Exclusive Special Court (N.D.P.S.), Patna.

                                   12. Prayer is refused.

                                   13. However, the learned Trial Court is directed to

                      expedite the trial and conclude the same at the earliest.



                                             (Rajesh Kumar Verma, J)
Ranjeet/-

U      T


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