Patna High Court

Md. Tabrej @ Tabrej AlamversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied because the seized contraband exceeded the commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

The petitioner, Md. Tabrej Alam, was arrested in connection with a case under Section 21(C) of the NDPS Act after 9.5 litres of cough syrup was seized. He applied for bail, claiming innocence, lack of criminal record, and arguing that the FIR did not specify the amount of codeine, a controlled ingredient, and that mere possession of the syrup is not an offence. The State opposed bail, contending that the seized quantity exceeds the commercial threshold and that, per Section 37 of the NDPS Act and a Supreme Court ruling, neutral substances in the mixture must be counted towards the total quantity. The court considered these arguments, noted the applicability of the bar under Section 37, and upheld the State’s position. Consequently, the bail petition was rejected.

Issues considered

Whether bail can be granted when the seized narcotic mixture exceeds the commercial quantity under the NDPS Act.
Whether neutral substances in a seized mixture should be included in determining the quantity for bail considerations.
Whether possession of cough syrup without a specified amount of codeine constitutes an offence under Section 21(C) of the NDPS Act.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(C), 37

Subjects

NDPS Act
bail
commercial quantity
neutral substance
codeine
Section 37
Section 21(C)
seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91769 of 2025
                     Arising Out of PS. Case No.-369 Year-2024 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Md. Tabrej @ Tabrej Alam S/O Md. Serajul @ Md. Sirazul R/O Vill.-
                 Brahmol, P.S- Nanpur, Dist- Sitamarhi, Bihar
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Smiti Bharti, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Nanpur P.S. Case No. 369

                   of 2025, instituted for the offences under Section 21(C) of the

                   NDPS Act.

                               3. Prosecution allegation, in short, is that the 9.5 litres of

                   cough syrup has been recovered in this case.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is in custody since 07.10.2025 and has

                   got no criminal antecedent. There is no allegation of tampering of

                   witnesses alleged against the petitioner. Learned counsel further

                   submits the F.I.R. does not disclose the amount of codeine is an

                   essential ingredient of cough syrup and the possessions of the

                   cough syrup in itself is not an offence under NDPS Act. No

                   independent witness up till now supported the seizure.
           Patna High Court CR. MISC. No.91769 of 2025(2) dt.20-01-2026
                                                       2/2




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

                     the prayer for grant of bail to the petitioner. Learned A.P.P. submits

                     that recovered contraband is above the commercial quantity,

                     hence, there is bar under Section 37 of the N.D.P.S. Act. Learned

                     A.P.P. has further relied upon a case of Hon’ble Supreme Court

                     since reported in (2020) 20 SCC 272 (Hira Singh and Another

                     versus Union of India and Another) in which the Hon’ble Apex

                     Court held that in case of seizure of mixture of narcotic drugs or

                     psychotropic substance with one or more neutral substance(s), the

                     quantity of neutral substance(s) is not to be excluded and to be

                     taken into consideration along with actual content by way of

                     offending drug while determining the “small or commercial

                     quantity” of narcotic drugs or psychotropic substance.

                                  6. Considering the aforesaid facts and circumstances of

                     the case and recovery of contraband beyond commercial quantity

                     coupled with embargo under Section 37 of the N.D.P.S. Act, this

                     Court is not inclined to grant bail to the petitioner.

                                  7. The prayer is rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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