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Patna High Court

Hefazuddin Ansari @ Hefajodin AnsariversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the recovery of a commercial quantity of ganja created a reasonable belief that the petitioner had committed the offence and might re‑offend.

Summary

Hefazuddin Ansari was arrested on 7 October 2025 after police recovered 26 kg of ganja from his possession and charged him under Sections 8 and 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, claiming a clean antecedent, false implication, and non‑compliance of mandatory provisions of Sections 42 and 50 of the NDPS Act. The State opposed bail, arguing that the quantity recovered constitutes a commercial amount, invoking the embargo on bail under Section 37 of the NDPS Act. The Court examined the Supreme Court precedents on bail in NDPS cases and held that the recovery of such a large quantity created a reasonable belief of guilt and a risk of re‑offending. Consequently, the Court refused the bail application.

Issues considered

  • Whether bail can be granted under the NDPS Act when a commercial quantity of narcotic is recovered.
  • Whether the petitioner’s claim of false implication and lack of knowledge can overcome the presumption of guilt under Section 37.
  • Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act were complied with, affecting bail eligibility.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • narcotics
  • Section 37
  • Section 42
  • Section 50
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92060 of 2025
                     Arising Out of PS. Case No.-275 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Hefazuddin Ansari @ Hefajodin Ansari S/O Late Sharif Ansari @ Late Sarif
                 Ansari R/o village Sundarpur @ Sundarpur ward no. 4, Chakraghatta
                 Nagarpalika @ Sundarpur ward no. 4, Chakghatta Nagarpalika, P.S. -
                 Malangwa, Dist. - Sarlahi (Nepal).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   06-04-2026                    Heard Mr. Santosh Kumar, learned counsel for the

                   petitioner and learned Mr. Ram Anurag Singh, A.P.P. for the

                   State.

                                   2. The petitioner seeks bail, who is in custody since

                   07.10.2025, in connection with Sonbarsa P.S. Case No. 275 of

                   2025, FIR dated 07.10.2025 registered for the offence under

                   Sections 8/20 (b)(ii)(c) Narcotic Drugs & Psychotropic

                   Substance Act, 1985.

                                  3. Recovery is of 26 kg of Ganja.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.92060 of 2025(5) dt.06-04-2026
                                            2/3




          any offence as alleged in the FIR. It appears from the FIR that

          altogether 26 kg of Ganja has been recovered from conscious

          possession of petitioner and other co-accused and as per

          allegation, the accused persons, on seeing the police party tried

          to fled away from the place of occurrence but they were

          apprehended and they have disclosed their name. He further

          submits that there is non-compliance of the mandatory provision

          of Sections 42 and 50 of the N.D.P.S. Act.

                          5. Learned APP for the State, on the other hand, on

          the basis of the material available on the record, has vehemently

          opposed the prayer for bail of the petitioner and submits that

          altogether 26 kilograms of Ganja has been recovered from the

          possession of the petitioner and it appears from the FIR that

          huge quantity of Ganja was recovered so there is embargo under

          Section 37 of the NDPS Act to grant privilege of bail to the

          petitioner.

                         6. The grant of bail in NDPS cases where the

          recovery of commercial quantity of narcotic is alleged is

          circumscribed        under      Narcotic      Drugs   and   Psychotropic

          Substances Act, 1985, Section 37 which says that before grant

          of bail, the Court must have reason to believe that the petitioner

          has not committed the offence and in the event of release he
            Patna High Court CR. MISC. No.92060 of 2025(5) dt.06-04-2026
                                                        3/3




                      would not commit similar offence.

                                      7. The issue was considered by the Hon’ble

                      Supreme Court in the case of State of Kerala and Ors Vs.

                      Rajesh & Ors, reported in 2020(12) SCC 122 as well as in the

                      case of Narcotic Control Bureau Vs. Mohit Aggarwal

                      reported in AIR 2022 SC 3444 and recently decided the

                      judgment in the case of Union of India Vs. Ajay Kumar Singh

                      @ Pappu, reported in 2023 SCC OnLine SC 346.

                                     8. The recovery of huge quantity of Ganja from

                      possession of the petitioner would not justify that the petitioner

                      had no knowledge of the narcotic nor there is any material to

                      substantiate that the petitioner would not commit such offence

                      in the event of release.

                                      9. Considering the aforesaid facts and nature of

                      allegation against the petitioner, I am not inclined to enlarge the

                      petitioner on bail in connection with Sonbarsa P.S. Case No. 275

                      of 2025, pending in the court of learned Special Judge,

                      Sitamarhi.

                                    10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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