Patna High Court
Sompal Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the contraband exceeded commercial quantity and Section 37 of the NDPS Act barred its grant.
Summary
The petitioner, Sompal Kumar, was arrested in connection with a case involving the alleged recovery of 4.074 kg of opium, which is above the commercial quantity under the NDPS Act. He was charged under Sections 8, 17(c) and 18(c) of the NDPS Act and sought bail, claiming innocence and no prior criminal record. The State opposed bail, invoking the bar on bail for offences involving quantities exceeding commercial limits under Section 37 of the NDPS Act. The court examined the facts, the magnitude of the contraband, and the statutory prohibition on bail in such cases. Concluding that the recovery exceeded commercial quantity and Section 37 applied, the court refused to grant bail. The petition for bail was therefore dismissed.
Issues considered
- Whether bail can be granted to an accused when the quantity of narcotic drug seized exceeds the commercial quantity under the NDPS Act.
- Whether Section 37 of the NDPS Act bars the grant of bail in such circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 18(c), 37, 8
Subjects
- NDPS Act
- bail
- commercial quantity
- Section 37
- drug offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80882 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Sompal Kumar @ Sonu Kumar Son of Keshu Ram Resident of Village- Subri,
P.S.- Nagal, District- Saharanpur (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwa
P.S. Case No. 181 of 2025, NDPS G.R. Case No. 76 of 2025
instituted for the offences under Sections 8, 17(c), 18(c) of the
NDPS Act.
3. Prosecution allegation, in short, is that total 4.074
kilogram of opium 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 20.05.2025 and
has got no criminal antecedent. There is no allegation of
tampering of witnesses alleged against the petitioner.
Patna High Court CR. MISC. No.80882 of 2025(2) dt.13-01-2026
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)
Alok Verma/-
U T
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