Patna High Court
Madan KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the quantity was below commercial level and the procedural safeguards under the NDPS Act were not satisfied.
Summary
The petitioner, Madan Kamat, was arrested in connection with a case involving the alleged recovery of 2 kg of ganja, alleged under Sections 20 and 22 of the NDPS Act. He claimed false implication, had no prior criminal record, and no incriminating material was found on his person. The prosecution opposed bail, while the petitioner argued that the quantity was below commercial level, making Section 37 inapplicable, and that Sections 42 and 50 were not complied with. The court considered the low quantity, the duration of custody, and the lack of evidence against the petitioner, and decided to grant bail. Bail was set at Rs. 15,000 with two sureties and conditions regarding appearance, family surety, and non‑tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of 2 kg of ganja.
- Whether the recovered quantity falls under the definition of commercial quantity under Section 37 of the NDPS Act.
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37, 42, 50
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- Section 37
- Section 20
- Section 22
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85987 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- DEODHA District- Madhubani
======================================================
Madan Kamat S/O Late Rambriksh Kamat Resident of Village- Kamalapatti
(Kamalapat Patti), P.S.- Harlakhi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Deodha
P.S. Case No. 105 of 2025, G.R. No. 87 of 2025 instituted for
the offences under Sections 20, 22 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 2 kg. of
ganja has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 25.09.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
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the conscious possession of the petitioner. Petitioner has no
concern with the alleged recovery. The recovered contraband is
below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Deodha P.S. Case
No. 105 of 2025, G.R. No. 87 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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