Patna High Court
Md. Masil @ MasilversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied.
Summary
The petitioner, Md. Masil, sought bail under section 21C of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 6.7 litres of codeine‑containing cough syrup were seized from his residence. He contended that the search and seizure violated sections 41 and 42 of the NDPS Act and that the trial proceeded without the mandatory forensic science laboratory (FSL) report, citing Ram Babu Yadav v. State of Bihar. The State opposed the bail, emphasizing the commercial quantity of the contraband and the fact that trial witnesses had already been examined. The Court noted that the trial was nearing its conclusion and that the seriousness of the offence outweighed the petitioner's lack of prior criminal record. Consequently, the Court refused bail and directed the trial court to complete the trial within four months.
Issues considered
- Whether the alleged violations of sections 41 and 42 of the NDPS Act justify granting bail
- Whether the absence of a forensic science laboratory report renders the custody and trial illegal
- Whether the commercial quantity of codeine‑containing cough syrup precludes bail
- Whether the petitioner's clean criminal record is sufficient to merit bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21C, 41, 42
Subjects
- bail
- NDPS Act
- codeine
- search and seizure
- forensic science laboratory report
- commercial quantity
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6308 of 2025
Arising Out of PS. Case No.-202 Year-2024 Thana- FORBESGANJ District- Araria
======================================================
Md. Masil @ Masil S/O Late Kallar R/O Village - Rampur, uttar Ward no.
-11, P.S- Forbesganj, District- Araia, Bihar- 854318
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Singh, Adv.
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
8 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Forbesganj P.S. Case no.202 of
2024 registered under section 21C of the Narcotic Drugs and
Psychotropic Substance Act.
3. There is a recovery of 6.7 liters of cough syrup
containing codeine from the house of petitioner.
4. Learned counsel for the petitioner submits that
earlier the prayer for bail was rejected vide order dated
03.10.2024 passed in Cr. Misc. No. 38312 of 2024. It is further
submitted that the search and seizure were conducted in gross
violation of Sections 41 and 42 of the NDPS Act. It is also
contended that the charge-sheet was submitted and charges were
Patna High Court CR. MISC. No.6308 of 2025(8) dt.19-02-2026
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framed without the FSL report being brought on record and the
trial has proceeded in absence thereof, which is stated to be
wholly illegal. In support of the said contention, reliance has
been placed upon the judgment of this Court in Ram Babu
Yadav vs. State of Bihar [Cr. Misc. No. 21326 of 2021],
wherein it has been observed that custody of an accused in a
case under the NDPS Act may not be legal in absence of the
FSL report. Learned counsel has also referred to a Division
Bench judgment of the Punjab and Haryana High Court,
wherein it has been held that in absence of the FSL report, the
challan would be incomplete, and it would be draconian to
subject an accused to trial without determination of the nature
and contents of the alleged contraband. It is further submitted
that charge-sheet witnesses have been examined on behalf of the
prosecution, however, the trial has not yet concluded and may
linger for want of the FSL report. The petitioner has no criminal
antecedent and he is in custody since 15.03.2024.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case, particularly when the trial has
reached almost at its fag end and all the charge-sheet witnesses
Patna High Court CR. MISC. No.6308 of 2025(8) dt.19-02-2026
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have already been examined, coupled with the fact that
commercial quantity of cough syrup containing codeine has
been recovered from the house of the petitioner, this Court is not
inclined to enlarge the petitioner on bail.
7. The learned trial Court is directed to expedite the
trial and conclude the same preferably within a period of four
months.
(Soni Shrivastava, J)
Harsh/-
U T
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