Patna High Court
Bitish KumarversusUnion of India through N.C.B., Patna.
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the recovery of a commercial quantity of ganja and the corroborative evidence indicated the petitioner’s involvement, and Section 37 of the NDPS Act requires a belief of innocence before bail can be granted.
Summary
The petitioner, Bitish Kumar, was arrested on 9 March 2024 in connection with the recovery of 243 kg of ganja seized from a vehicle linked to a drug trafficking gang. He claimed he was falsely implicated, arguing that no narcotics were found in the Marazzo car from which he was arrested and that the FIR was fabricated. The prosecution presented evidence including a voluntary statement by the petitioner identifying a supplier, a positive chemical test on the seized drug, and financial records showing transfers of Rs 6,43,500 to the supplier, indicating his active participation in an inter‑state drug network. The court examined the applicability of Section 37 of the NDPS Act, which restricts bail when commercial quantities of narcotics are involved and the accused is likely to re‑offend. Citing Supreme Court precedents, the judge held that the magnitude of the seizure and the corroborative evidence negated any reasonable doubt of the petitioner’s guilt. Consequently, the bail petition was rejected.
Issues considered
- Whether bail can be granted under Section 37 of the NDPS Act when the accused is linked to a commercial quantity of narcotics.
- Whether the evidence presented establishes a prima facie case that the petitioner was involved in drug trafficking.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(II)(C), 25, 29, 37, 67, 8(C)
Subjects
- bail
- NDPS Act
- commercial quantity
- drug trafficking
- Section 37
- Narcotic Control Bureau
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46931 of 2025
Arising Out of PS. Case No.-4 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Bhagalpur
======================================================
Bitish Kumar S/O Late Nagdeo Ray R/O Village- Burra, P.S- Athmalgola,
Distt.- Patna.
... ... Petitioner/s
Versus
Union of India through N.C.B., Patna. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Soni Kumari, Advocate
For the Opposite Party/s : Mr.Dr.K.N.Singh (A.S.G.)
: Ms. Shail Kumari, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 16-03-2026 Heard Ms. Soni Kumari, learned counsel for the
petitioners and Ms. Shail Kumari, learned Central
Government Counsel for the Union of India.
2. The petitioner seeks bail, who is in custody since
09.03.2024 in connection with N.D.P.S. Case No.28 of 2024,
arising out of N.C.B. Case No. 04 of 2024, registered for the
offence punishable under Sections 20(B)(II) (C), 25 & 29 of
N.D.P.S. Act read with Section 8(C) of NDPS Act.
3. Recovery is of 243 Kg. 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. The allegation as alleged in the
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FIR is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR. Learned counsel
for the petitioner next submits that the petitioner has not been
found or caught in the truck from which 240 Kg. Ganja in 24
packets was recovered. In fact the petitioner was arrested
from a Marazzo Car which was running behind the truck and
nothing incriminating article was recovered from the Car in
question and the petitioner has been made accused in the
present case merely on the basis of suspicion.
5. Ms. Shail Kumari, learned Central Government
Counsel for the Union of India has vehemently opposed the
prayer for bail of the petitioner and submits that one person,
namely, Bittu Kumar Singh was apprehended and he has
disclosed that the receiver of the seized Ganja would come to
Naugachia, Bhagalpur from Patna by Mahindra Marazzo SUV
bearing Registration No. BR-01PK-9506. In further follow up
action, the said vehicle in question along with four persons
were intercepted by a team of NCB, Patna near Bhawanipur
Police Station. Five persons including the said Bittu Kumar
Singh were examined u/s 67 of the NDPS Act. During
voluntary statement, accused, namely, Bitish Kumar
(petitioner) disclosed that Dibakar Guha of West Tripura was
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a supplier of the seized Ganja. On the basis of the recovery,
voluntary statement and involvement in trafficking of seized
Ganja the petitioner and other accused persons were placed
under arrest. The chemical examination report was received
from CRCL, Kolkata on 01.04.2024 vide Lab No. 3092/SZD
(N) dated 11.03.2024 in which it is mentioned that the sample
under reference answer positive test for Ganja. Dibakar Guha
tendered his voluntary statement, he admitted that he had
supplied 243 Kgs of Ganja to the accused Bitish Kumar
(petitioner).
6. Learned counsel for the NCB further submits that
financial investigation revealed multiple bank transactions
totaling amounting Rs. 6,43,500/- (Six Lakh Forty Three
Thousand and Five Hundred Rupees only) from the account
of Bitish Kumar (petitioner) and Sanjay Ray to the supplier
namely, Dibakar Guha. Call Details Records and WhatsApp
call logs show that the petitioner was in regular contact with
the co-accused and the supplier. It appears from the aforesaid,
petitioner has actively linked with an inter-State Drug
trafficking gang and apart from aforesaid, the recovered
contraband is more than the commercial quantity which is 12
times of the commercial quantity.
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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
Substances Act, 1985, Section 37 which says that before grant
of bail, the Court must have reason to believe that the
petitioner has not committed the offence and in the event of
release he would not commit similar offence.
8. The issue was considered by the Hon’ble
Supreme Court in the case of State of Kerala and Ors Vs.
Rajesh & 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 recently decided the
judgment in the case of Union of India Vs. Ajay Kumar
Singh @ Pappu, reported in 2023 SCC OnLine SC 346.
9. The recovery of huge quantity of Ganja from
possession of the petitioner 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. Hence, I am not inclined to enlarge the
petitioner on bail in connection with N.D.P.S. Case No.28 of
2024, arising out of N.C.B. Case No. 04 of 2024, pending in
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the court of learned District & Additional Sessions Judge- 1 st ,
Bhagalpur.
11. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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