Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied because the seized contraband exceeded the commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
The Patna High Court considered the bail application of Kunal Kumar, who was charged under several provisions of the Bihar Prohibition and Excise Act for alleged possession of 710 litres of codeine‑containing cough syrup. The prosecution argued that the seized quantity exceeded the commercial threshold under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, invoking the bar on bail in Section 37. The petitioner contended that he had no criminal record, was not in possession of the contraband, and was not the shop owner from which the seizure was made. The State relied on the Supreme Court decision in Hira Singh (2020) 20 SCC 272, which holds that neutral substances mixed with narcotics must be counted towards the commercial quantity. After evaluating the facts and the legal precedents, the Court concluded that the magnitude of the seizure triggered the statutory bar and therefore denied bail. The petition for bail was rejected.
Issues considered
- Whether bail can be granted when the seized narcotic mixture exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether the quantity of neutral substances mixed with a narcotic drug must be included in determining the commercial quantity.
- Whether the petitioner’s lack of prior record and alleged non‑possession affect the bail decision.
Legislation cited
Subjects
- bail
- NDPS Act
- commercial quantity
- codeine
- excise
- seizure
- mixture of narcotic and neutral substance
- Section 37
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62497 of 2025
Arising Out of PS. Case No.-1110 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Kunal Kumar S/O Late Satyandra Singh R/O Village- Lodipur Lakhanpura,
P.S.- Punpun, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise P.S. Patna Case
No. 1110 of 2025 instituted for the offences under Sections
30(a), 30(g), 32, 62, 56(b) of the Bihar Prohibition and Excise
Act.
3. Prosecution allegation, in short, is that total 710
litres of cough syrup containing codeine has been recovered in
this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 10.07.2025 and
has got no criminal antecedent. Learned counsel further
Patna High Court CR. MISC. No.62497 of 2025(7) dt.31-01-2026
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submitted that police, after completion of investigation,
submitted charge-sheet under the provisions of N.D.P.S. Act.
There is no allegation of tampering of witnesses alleged against
the petitioner. Learned counsel further submits no incriminating
article has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner is
not the owner of the shop from which the alleged recovery has
been made.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
A.P.P. for the State has filed counter-affidavit and submits that
recovered contraband is above the commercial quantity, hence,
there is bar under Section 37 of the N.D.P.S. Act. Learned A.P.P.
has further relied upon a case of Hon’ble Supreme Court since
reported in (2020) 20 SCC 272 (Hira Singh and Another
versus Union of India and Another) in which the Hon’ble
Apex Court held that in case of seizure of mixture of narcotic
drugs or psychotropic substance with one or more neutral
substance(s), the quantity of neutral substance(s) is not to be
excluded and to be taken into consideration along with actual
content by way of offending drug while determining the “small
or commercial quantity” of narcotic drugs or psychotropic
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substance.
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)
Alok Verma/-
U T
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