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Patna High Court

Tabrej AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail cannot be granted as the seized contraband exceeds commercial quantity and Section 37 of the NDPS Act imposes a bar to bail.

Summary

Petitioner Tabrej Alam was arrested in connection with a case under the NDPS Act for alleged possession of 1.664 kg of charas, which exceeds the commercial quantity. He applied for bail, claiming innocence, lack of prior criminal record, and that no chargesheet or forensic report had been filed even after 180 days. The State opposed bail, invoking Section 37 of the NDPS Act which bars bail when the seized narcotic exceeds commercial quantity. The court examined the facts, the statutory bar, and the absence of a chargesheet, and concluded that the statutory provision overrides the delay argument. Consequently, the court denied the bail application.

Issues considered

  • Whether bail can be granted when the quantity of narcotic seized exceeds the commercial quantity under the NDPS Act.
  • Whether the failure to file a chargesheet or forensic report within 180 days bars the grant of bail.
  • Whether Section 37 of the NDPS Act creates an absolute bar to bail in such circumstances.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • charas
  • delay in chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73317 of 2025
                    Arising Out of PS. Case No.-22 Year-2025 Thana- KANGLI District- West Champaran
                 ======================================================
                 Tabrej Alam S/o Raja Husain Hawari @ Raja Hussain Hawari @ Raja Hushan
                 R/o Village- Khilichiya, P.S.- Raxaul, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pratik, Advocate
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in Kangli P.S. Case No. 22

                   of 2025, instituted for the offences under Sections 20(b)(ii)(c),

                   23(c) and 29 of the NDPS Act.

                               3. Prosecution allegation, in short, is that total 1.664

                   Kg. of Charas 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 06.03.2025 and

                   has got no criminal antecedent. There is no allegation of

                   tampering of witnesses alleged against the petitioner. Learned

                   counsel further submits that neither chargesheet not FSL report

                   has been submitted in this case after lapse of 180 days.
           Patna High Court CR. MISC. No.73317 of 2025(3) dt.02-02-2026
                                                       2/2




                                 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.

                                  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)
manish/-

U      T


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