Created by Fuzzy Cloud

Patna High Court

Md. SalimversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
Patna High Court CR. MISC. No.67879 of 2025(4) dt.19-03-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.67879 of 2025(4) dt.19-03-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.