Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail, holding that the seizure of a quantity exceeding the commercial limit triggers the statutory bar under Section 37 of the NDPS Act.
Summary
The petitioner, Amresh Kumar, was arrested in connection with the seizure of 120 litres of codeine‑containing cough syrup, alleged to be recovered from a vehicle not owned or driven by him. He applied for bail, claiming innocence, lack of prior criminal record, and that no contraband was found in his personal possession. The State opposed bail, arguing that the quantity seized exceeds the commercial threshold, invoking the bar on bail under Section 37 of the NDPS Act, and relying on the Supreme Court’s decision in Hira Singh (2020) which holds that neutral substances must be counted in determining the quantity. The court examined the facts, noted the recovery of a commercial quantity and the statutory prohibition on bail in such cases, and concluded that the bail petition could not be entertained. Consequently, the court rejected the bail application.
Issues considered
- Whether bail can be granted to the accused when the seized narcotic substance exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether the inclusion of neutral substances in the seized mixture affects the determination of commercial quantity for bail considerations.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(f)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- codeine
- seizure
- neutral substance
- Section 37
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91947 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- MANSI District- Khagaria
======================================================
Amresh Kumar Son of Sri Chand Kioshor Yadav @ Chandra Kishore Yadav
Resident of village - Ekaniya, P.S.- Mansi, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Mansi P.S. Case No. 218
of 2025 instituted for the offences under Sections 30(f) of the
Bihar Prohibition and Excise Act.
3. Prosecution allegation, in short, is that total 120
litres of codeine containing 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 07.09.2025 and
has got no criminal antecedent. Learned counsel further
submitted that initially the FIR was registered under the
Patna High Court CR. MISC. No.91947 of 2025(2) dt.19-01-2026
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provisions of Bihar Prohibition and Excise Act but police, after
completion of investigation, have submitted charge-sheet under
Sections 8(c), 21(b) of the N.D.P.S. Act. There is no allegation
of tampering of witnesses alleged against the petitioner. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the Car. Learned counsel further submits that petitioner is
neither owner nor driver of the vehicle from which the alleged
recovery has been made. Petitioner has no concern with the
alleged recovery. There is no compliance of Section 42 and 50
of the NDPS Act.
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
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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)
Alok Verma/-
U T
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