Patna High Court
Md. SalimversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the recovery of a commercial quantity of narcotics and the lack of evidence of innocence preclude bail under Section 37 of the NDPS Act.
Summary
The petitioner, Md. Salim, has been in custody since January 2023 in connection with an NDPS case involving the alleged recovery of 40.5 kg of ganja, a pistol, and live cartridges. He applied for bail, claiming innocence, lack of possession, and alleging procedural lapses under Sections 42 and 50 of the NDPS Act. The State opposed bail, emphasizing that the quantity seized exceeds commercial limits, invoking the embargo provision of Section 37, and noting four similar pending cases against the petitioner. The Court examined Supreme Court precedents on bail in NDPS matters and found no material indicating the petitioner’s lack of knowledge or that he would not reoffend if released. Consequently, the Court refused bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail can be granted in an NDPS case where a commercial quantity of narcotic has been recovered.
- Whether alleged non‑compliance of Sections 42 and 50 of the NDPS Act affects the grant of bail.
- Whether the petitioner’s claim of no knowledge or possession of the seized narcotics is sufficient to justify bail.
Legislation cited
- Arms Act — s. 25(1‑B)A, 26
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 25(1‑B)A, 26, 37, 42, 50
Subjects
- bail
- NDPS Act
- commercial quantity
- embargo
- arms possession
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67879 of 2025
Arising Out of PS. Case No.-274 Year-2021 Thana- NAUGACHIA District- Bhagalpur
======================================================
Md. Salim S/O Late Md. Raful R/O Vill.- Ujani, P.S.- Naugachi, Dist.-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-03-2026 Heard Mr.Raghwendra Pratap Singh, learned counsel
for the petitioner and Mr.Ashok Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail who is in custody since
22.01.2023 in connection with N.D.P.S case No. 42 of 2021
arising out of Naugachia P.S. Case No. 274 of 2021 for the
offences punishable under Sections 25 (1-B)A, and 26 of the
Arms Act.
3. Recovery is of 40.50 kg of Ganja, one country
made pistol and two live cartridges.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that nothing has been recovered
from the conscious possession of the petitioner and the
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petitioner has no concern with the alleged recovery. He further
submits that there is non-compliance of Section 42 and 50 of the
NDPS Act.
5. Learned Additional Public Prosecutor on the other
hand vehemently opposed the prayer for bail of the petitioner
and submits the recovered contraband is more than the
commercial quantity, so there is embargo under Section 37 of
the N.D.P.S. Act. Apart from that, petitioner has four cases of
similar nature other than the present.
6. The grant of bail in NDPS cases where the recovery
of commercial quantity of narcotic is alleged is circumscribed
under Narcotic Drugs and Psychotropic Substance Act, 1985,
Section 37 which says that before grant of bail, the Court must
have reason to believe that petitioners have not committed the
offence and in the event of release he would not commit similar
offence.
7. The issue was considered by the Hon’ble Supreme
Court in the case of State of Kerala and Ors. Vs. Rajesh and
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 Union of India vs. Ajay Kumar Singh
@ Pappu reported in 2023 SCC OnLine SC 3456 dated
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28.03.2023.
8. The recovery of huge quantity of Ganja recovered
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.
9. Hence, I am not inclined to enlarge the petitioner on
bail in connection with N.D.P.S case No. 42 of 2021 arising out
of Naugachia P.S. Case No. 274 of 2021 pending in the Court of
learned 1st Additional District and Sessions Judge, Naugachia,
Bhagalpur.
10. Prayer is refused.
11. However, the learned trial court is directed to
expedite the trial.
(Rajesh Kumar Verma, J)
vashudha/-
U T
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