Patna High Court
Sanjeev Kumar Yadav @ Sanjiv Yadav @ Sanjiv Kumar YadavversusThe Union of India through NCB, Patna.
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied as the contraband exceeds commercial quantity and Section 37 of the NDPS Act bars the grant of bail.
Summary
The petitioner, Sanjeev Kumar Yadav, was arrested on 26‑10‑2024 after police recovered 90 kg of ganja from a Bolero car and alleged his involvement. He contended that he was merely a passenger, had no possession of the narcotics, and had no prior criminal record, arguing that Sections 42 and 50 of the NDPS Act were not complied with. The prosecution argued that the quantity seized exceeds the commercial threshold, invoking the bar on bail under Section 37 of the NDPS Act, and noted that bail had already been denied to co‑accused in a related order. The court examined the statutory bar and the facts, concluding that the presence of contraband in commercial quantity precludes bail. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail can be granted when the seized narcotic quantity exceeds the commercial quantity under the NDPS Act.
- Whether the statutory bar under Section 37 of the NDPS Act applies to the petitioner.
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with in the bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 29, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59480 of 2025
Arising Out of PS. Case No.-11 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Begusarai
======================================================
Sanjeev Kumar Yadav @ Sanjiv Yadav @ Sanjiv Kumar Yadav S/O Ram
Pravesh Yadav @ Ram Prasad Yadav R/O Village- Sukhasan (Shukhasan),
Ward No.02, P.O- Shripur, P.S - Kishanpur, District - Supaul.
... ... Petitioner/s
Versus
The Union of India through NCB, Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Dr. K.N. Singh(A.S.G.)
Mr. Manoj Kumar Singh (C.G.C)
Mr. Ankit Kumar singh (J.C)
Mr. Prabhat Kumar, Advocate
Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 16-01-2026 Heard learned counsel for the petitioner and learned
A.S.G for the Union of India through NCB.
2. The petitioner seeks bail in connection with NDPS
No. 59 of 2024, arising out of NCB Case No. 11 of 2024,
instituted for the offences punishable under Sections 8(c), 20(b)
(ii)(c) and 29 of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 90 Kg of Ganja from a Bolero car and the petitioner
was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.59480 of 2025(6) dt.16-01-2026
2/2
the petitioner also submits that the petitioner has got no concern
with the alleged recovery of Ganja. It is next submitted that the
petitioner is neither owner nor driver of that vehicle in question
rather he took lift in that vehicle and has been arrested only on
the basis of suspicion. The petitioner is in custody since
26.10.2024 and has got no criminal antecedent. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
A.P.P. submits that recovered contraband is above the
commercial quantity, hence, there is bar under Section 37 of the
N.D.P.S. Act. It is further submitted that regular bail of other co-
accused has been rejected by this Court vide order dated
18.08.2025 passed in Cr. Misc. No. 36287 of 2025.
6. Considering the aforesaid facts and circumstances
of the case and recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the N.D.P.S.
Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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