Patna High Court
Santosh SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SOURENDRA PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23(c), 29
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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