Patna High Court
Sanjeet SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied because the seized narcotic quantity exceeded the commercial limit, invoking the bar under Section 37 of the NDPS Act.
Summary
Petitioner Sanjeet Sharma was arrested after police recovered 72 bottles of codeine syrup (7.2 litres) from a cyber cafe, and a small amount of cash and a mobile phone were found on his person. He applied for bail, claiming innocence, no prior record, and that no contraband was in his conscious possession, arguing that Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, contending that the seized quantity exceeds the commercial threshold and invoking Section 37 of the NDPS Act, relying on the Supreme Court’s decision in Hira Singh (2020) which holds that neutral substances must be counted in determining quantity. The High Court examined the facts, noted the commercial quantity of the seized narcotic, and concluded that the statutory bar under Section 37 precludes bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial without undue delays.
Issues considered
- Whether bail can be granted when the quantity of narcotic drug seized exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether the non‑compliance of Sections 42 and 50 of the NDPS Act is a ground to grant bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 29, 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- codeine syrup
- narcotic drugs
- neutral substance
- Section 37
- Section 42
- Section 50
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77677 of 2025
Arising Out of PS. Case No.-347 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Sanjeet Sharma S/O Bijendra Sharma R/O Vill.- Maranga Ward no. 8, P.S.-
Maranga, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. N.N. Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for the
petitioner and Mr. N.N. Tiwary, learned APP for the State.
2. The petitioner seeks bail in connection with K. Hat PS
Case No. 347 of 2025 instituted for the offences under Sections
8(c), 21(c) & 29 of the NDPS Act.
3. Prosecution allegation, in short, is that on 21.08.2025
at about 15:30 hours, during patrolling on Post Mortem Road,
the informant apprehended the petitioner while he was fleeing
from a Cyber Cafe, and on search of the shop 72 bottles of
Codeine Syrup, 100 ml each (total 7.200 litres) were recovered.
On personal search of the petitioner, cash of Rs. 8,500/- and one
mobile phone with SIM were recovered from his conscious
possession, and he disclosed that the seized Codeine Syrup was
Patna High Court CR. MISC. No.77677 of 2025(3) dt.03-02-2026
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purchased from Anaya Medical, Madhubani..
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 22.08.2025 and
has got no criminal antecedent. Charge-sheet has been
submitted in this case. There is no allegation of tampering of
witnesses alleged against the petitioner. Learned counsel further
submits that petitioner has no concern with the recovered
contraband. Nothing has been recovered from the conscious
possession of the petitioner. It is lastly submitted that there is no
compliance of Sections 42 and 50 of the NDPS 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. Learned A.P.P. has further relied upon a case of Hon’ble
Supreme Court since reported in (2020) 20 SCC 272 (Hira
Singh and Another versus Union of India and Another) in
which the Hon’ble Apex Court held that in case of seizure of
mixture of narcotic drugs or psychotropic substance with one or
more neutral substance(s), the quantity of neutral substance(s) is
not to be excluded and to be taken into consideration along with
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actual content by way of offending drug while determining the
“small or commercial quantity” of narcotic drugs or
psychotropic substance.
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.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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