Patna High Court
Manji Sah @ Manji Gaud @ Manji Gond @ Manjay GondversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the case falls within the bar under Section 37 of the NDPS Act.
Summary
The petitioner, Manji Sah, was arrested on 17 May 2025 after a mini‑truck was found carrying 52.68 kg of ganja, an amount exceeding the commercial quantity under the NDPS Act. He applied for bail, claiming innocence, that he was merely the driver, had no prior criminal record, and that no incriminating material was recovered from his possession. The prosecution opposed bail, arguing that the large quantity triggers the statutory bar on bail under Section 37 of the NDPS Act. The court examined the facts, noting the recovery of contraband above commercial quantity and the lack of compliance with Sections 42 and 50 of the NDPS Act. Consequently, the court declined to grant bail, rejecting the petitioner's prayer.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized narcotic quantity exceeds the commercial threshold and Section 37 applies.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug trafficking
- excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65361 of 2025
Arising Out of PS. Case No.-508 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Manji Sah @ Manji Gaud @ Manji Gond @ Manjay Gond S/O Late
Baidhnath Sah Resident of village - Choranti, Police Station- Dawath,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 16-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Excise
Sadar Gaya P.S. Case No. 508 of 2025, instituted for the
offences punishable under Sections 8, 20(b)(ii)(c) of the NDPS
Act.
3. Prosecution allegation, in short, is that there is
recovery of 52.680 Kg of Ganja from a mini truck 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. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.65361 of 2025(4) dt.16-01-2026
2/2
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has got no concern with the
alleged recovery of Ganja. It is further submitted that the
petitioner is driver of the vehicle in question. The petitioner is in
custody since 17.05.2025 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 and the petitioner does not deserve the privilege of
bail.
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
Checking your session…