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Patna High Court

Gurnam SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the charge‑sheet was incomplete and the petitioner lacked the requisite mens rea under the NDPS Act.

Summary

Gurnam Singh, a driver, was arrested for allegedly transporting 286.75 kg of ganja in a container and charged under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act. He contended that he had no knowledge of the contraband, invoking Section 35 of the NDPS Act, and argued that mandatory procedures of search, sealing and sampling were not properly followed. He further pointed out that the charge‑sheet was filed without a forensic laboratory (FSL) report confirming the seized material, rendering it incomplete under Section 167(2) of the Cr.P.C. and Section 187(2) of the BNSS. Relying on the Supreme Court’s pending decision in Divyas Bardewa v. Narcotics Control Board (2023 SCC Online SC 742), the court held that these deficiencies justified bail. Accordingly, the High Court ordered his release on bail with a bond of Rs 25,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether the absence of a culpable mental state under Section 35 of the NDPS Act warrants bail.
  • Whether procedural lapses in search, sealing and sampling, and the lack of an FSL report make the charge‑sheet incomplete, justifying bail under Section 167(2) Cr.P.C. and Section 187(2) BNSS.
  • Whether the pending Supreme Court decision in Divyas Bardewa v. Narcotics Control Board influences the grant of bail in NDPS cases.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • culpable mental state
  • incomplete charge sheet
  • forensic laboratory report
  • search sealing sampling
  • Section 35 NDPS
  • Section 167 CrPC
  • drug trafficking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82117 of 2025
                    Arising Out of PS. Case No.-78 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Gurnam Singh S/O Jagtar Singh Resident of Street No. 10, Ward No. 61,
                 Baba Deep Singh Nagar, Gne College S.O., P.S- Shimlapuri, Distt.- Ludhiana,
                 State - Punjab

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewanand Tiwari, Adv.
                 For the Opposite Party/s :       Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                        Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Kuchaikote P.S. Case No. 78 of 2024 registered for the offence

                   under Sections 8/20 (b)(ii)(c), 25, 29 of NDPS Act.

                                3. The petitioner is named in the F.I.R. and are in

                   custody since 23.02.2024.

                                4. As per FIR, petitioner being driver of the container

                   bearing registration no. UP78BT8621 found in possession of

                   286.750 Kg of Ganja.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner falsely implicated with present case being

                   co-driver as nothing transpired during investigation that he was

                   under knowledge of carrying consignment of 286.750 Kg of Ganja.
Patna High Court CR. MISC. No.82117 of 2025(2) dt.09-02-2026
                                            2/3




          It is submitted that in want of culpable mental state in view of

          Section 35 of NDPS Act, it can be safely said that present is not a

          case, where rigors of NDPS Act as available under Section 37 of

          NDPS Act can be import. It is submitted that mandatory provisions

          regarding search, sealing and sampling (SSS) also not appears

          followed in its true spirit and therefore, on this ground alone

          petitioner deserves bail.

                       6. Arguing further, learned counsel for the petitioner

          submitted that the charge-sheet in this matter submitted without

          obtaining FSL report getting it confirmed whether the seized

          material was Ganja or not, therefore, in view of incomplete

          charge-sheet petitioner is deserving even default bail, in view of

          Section 167(2) of Cr.P.C / 187(2) of BNSS. In support of his

          submission learned counsel relied upon the legal report of Hon’ble

          Supreme Court as available through Divyas Bardewa vs.

          Narcotics Control Board reported in 2023 SCC OnLIne SC

          742, wherein the matter for consideration of incomplete charge-

          sheet is pending before the Hon’ble Supreme Court for larger

          consideration. It is submitted that in view of same the petitioner

          deserves interim bail. It is submitted that the FSL report deposited

          before learned trial court on 25.07.2025 only. While concluding

          the argument, it is submitted that petitioner is a man of clean
              Patna High Court CR. MISC. No.82117 of 2025(2) dt.09-02-2026
                                                          3/3




                        antecedent.

                                     7. Learned APP while opposing the prayer of bail could

                        not disputed the aforesaid factual and legal submission.

                                     8. In view of aforesaid factual and legal submission and

                        by taking note of fact as charge-sheet in this matter was submitted

                        incomplete without obtaining FSL report, where petitioner remains

                        in custody since 23.02.2024 and further by taking note of Divyas

                        Bardewa case (supra), petitioner above named, is directed to be

                        released on bail in connection with Kuchaikote P.S. Case No. 78 of

                        2024 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of learned District and Addl. Sessions Judge 1 st

                        Gopalganj /concerned court, subject to the conditions as

                        mentioned under Section 480(3) of BNSS., subject to condition

                        that:-

                                     (i) That one of the bailors shall be deponent of the

                        present bail petition.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T


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