Patna High Court
Jawed AkhtarversusUnion of India, through Narcotic Control Bureau, Patna Zonal Unit, Patna
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
Petitioner Jawed Akhtar sought anticipatory bail fearing arrest in a case under Sections 21(c), 27A and 29 of the NDPS Act. The prosecution alleged that, based on secret information, an NCB inspector raided a train and seized 90,000 litres of codeine cough syrup. The petitioner was not named in the FIR, no contraband was found in his possession, and he asserted a clean record. The Union of India opposed bail, highlighting the large seizure and a transfer of Rs. 50 lakh into the petitioner’s bank account. After considering the nature of the offence, the volume of the seized narcotics, and the financial link, the Court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the alleged seizure and alleged financial transaction.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 27A, 29
Subjects
- anticipatory bail
- NDPS Act
- codeine cough syrup
- seizure
- money transfer
- bail denial
- narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84840 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Begusarai
======================================================
Jawed Akhtar S/O Sabir Hussain R/O Alflah Colon, Road No. 3, Pgmil, P.S.-
Lohsingwa, Distt- Hazaribagh (Jharkhand).
... ... Petitioner/s
Versus
Union of India, through Narcotic Control Bureau, Patna Zonal Unit, Patna
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. N. K. Agrawal, Sr. Advocate
Mr. Amresh Kumar Sinha, Advocate
For the Union of India : Dr. K. N. Singh, A.S.G.I.
Mr. Manoj Kumar Singh, C.G.C.
Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned senior counsel appearing on behalf of
the petitioner and learned senior counsel appearing on behalf of
the Union of India.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 21(c), 27A
and 29 of the N.D.P.S. Act.
3. As per prosecution case, on secret information,
informant who was Inspector in the Narcotics Control Bureau,
Patna, raided a train and recovered 90 thousand liters of codeine
cough syrup.
4. Learned senior counsel for the petitioner submits
that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.84840 of 2025(2) dt.09-02-2026
2/2
Petitioner is not named in the F.I.R.. Name of petitioner
transpired in this case during course of investigation. No
incriminating article has been recovered from possession of this
petitioner. Petitioner claims clean antecedents.
5. Learned senior counsel for the Union of India
vehemently opposes the prayer for grant of anticipatory bail of
the petitioner and submits that huge quantity of codeine cough
syrup was recovered and name of petitioner transpired in this
case during course of investigation and it has also come that Rs.
50,00,000/- was transferred in the account of this petitioner
bearing Account No. 31153043846.
6. Considering the facts and circumstances of the
case, nature of accusation, huge quantity of recovery of cough
syrup and materials that have surfaced during course of
investigation, prayer for grant of bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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