Patna High Court
Ganesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied as the seizure exceeds commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
The petitioner, Ganesh Ray, applied for bail in a case registered under Sections 21(c), 22(c), 25 and 29 of the NDPS Act, alleging that 2.7 kg of ketamine and other drugs were recovered from his joint family house. The petitioner contended that he was not present at the scene, had no prior criminal record, and that no contraband was found in his personal possession, asserting false implication. The State opposed bail, arguing that the quantity seized exceeds the commercial threshold, invoking the mandatory bail denial provision of Section 37 of the NDPS Act. The Court examined the statutory bar and the seriousness of the offence, noting that the recovery of a commercial quantity triggers a presumption against bail. 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 contraband exceeds the commercial quantity prescribed under Section 37.
- Whether the absence of personal possession of the drugs by the accused negates the statutory bar on bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(c), 25, 29, 37
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug trafficking
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74232 of 2025
Arising Out of PS. Case No.-815 Year-2024 Thana- SONEPUR District- Saran
======================================================
Ganesh Ray S/o- Yadunandan Ray R/v- Shahpur Diyara Ps- Sonepur Dist-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shilpi Keshri, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sonepur P.S. Case No. 815 of 2024 instituted for the offences
under Sections 21(c), 22(c), 25, 29 of the NDPS Act.
3. Prosecution allegation, in short, is that the total
2.700 kgs of Ketamine along with several other illegal drugs
have 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 11.04.2025 and
has got no criminal antecedent. There is no allegation of
tampering of witnesses alleged against the petitioner. Learned
Patna High Court CR. MISC. No.74232 of 2025(3) dt.03-02-2026
2/2
counsel further submits that petitioner was not present on the
spot. He further submitted that the alleged recovery has been
made from the joint house of the petitioner where other family
members also reside, however, no incriminating article has been
recovered from the conscious possession of the petitioner.
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)
Alok Verma/-
U T
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