Patna High Court
Gurnam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic Substances (Control) Act — s. 187, 480
- Code of Criminal Procedure, 1973 — s. 167
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 25, 29, 35, 37, 8
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
Checking your session…