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Patna High Court

Santosh SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the quantity of ganja recovered from the petitioner constitutes a commercial quantity, and therefore bail could not be granted.

Summary

The petitioner, Santosh Sah, applied for regular bail in a case registered under the NDPS Act for alleged possession of 20.79 kg of ganja. He claimed false implication, lack of criminal antecedent, and inability to afford such a large quantity, asserting that the seizure list was fabricated. The State opposed bail, arguing that the quantity seized constituted a commercial amount, justifying continued detention. The court examined the facts, particularly the recovered quantity, and concluded that it fell within the definition of commercial quantity under the NDPS Act. Consequently, the court declined to grant bail, directing the petitioner to seek relief through appropriate channels. The application was dismissed.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the alleged possession of a commercial quantity of ganja.
  • Whether the quantity of ganja recovered from the petitioner qualifies as 'commercial quantity' under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • drug possession
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91363 of 2025
                  Arising Out of PS. Case No.-26 Year-2025 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Santosh Sah S/o Bhola Sah @ Bholi Sah Resident of Village- Pipra Tola,
                 Ward No. 09, P.S.- Bhangaha, District- West Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mayank Mohan, Adv.
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for grant

                   of regular bail in connection with Bhangaha P.S. Case No. 26 of

                   2025 dated 27.02.2025 registered for the offences punishable u/ss

                   20(b)(ii)(c), 23(c), 29 of the N.D.P.S. Act.

                                3.    The allegation against the petitioner is that total

                   20.79 Kg. of ganja was recovered from the petitioner and total

                   21.78 Kg. of ganja was recovered from the co-accused.

                                4. Learned counsel for the petitioner has submitted that

                   the petitioner has falsely been implicated and no such recovery as

                   alleged has been recovered from the conscious possession of the

                   petitioner. It has further been submitted that the petitioner is a

                   labourer and a fake seizure list has been prepared by the police and it
           Patna High Court CR. MISC. No.91363 of 2025(3) dt.11-02-2026
                                                       2/2




                     has been shown that the substance which is not commercial

                     quantity was recovered from the petitioner. However, the

                     petitioner is a poor person can not afford purchasing such quantity

                     of ganja. The petitioner has no criminal antecedent and he is in

                     custody since 27.02.2025.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition of the petitioner and submitted that the recovered quantity

                     is more than the commercial quantity and therefore, the petitioner

                     should not be released on bail.

                                  6. Considering the aforesaid facts and circumstances of

                     the case as well as the recovered quantity of ganja from the

                     conscious possession of the petitioner falls under the category of

                     commercial quantity, I am not inclined to enlarge the petitioner

                     above-named on bail.

                                  7. The petitioner is at liberty to move for bail as and

                     when advised.

                                  8. The application stands dismissed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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