Bail application under NDPS Act after recovery of 36.450 kg poppy husk containing Morphine, a commercial quantity. Court held Section 37 rigours applied, no material showed lack of knowledge or non-recidivism, and rejected bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28812 of 2023
Arising Out of PS. Case No.-305 Year-2022 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Manprit Singh S/O- Pawan Singh, R/o Village- Jaga Ram Tirath Ps- Talwandi Sabo Dist- Bathinda Punjab.
.... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Petitioner seeks bail, who is in custody since 22.07.2022 in connection with Gaya Rail P.S. Case No.305 of 2022, arising out of N.D.P.S. Case No.40 of 2022, F.I.R. dated 21.07.2022 for the offences punishable under Sections 18, 20 and 22 of the N.D.P.S. Act.
Recovery is of total 36.450 kg. Poppy husk (Doha) from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that all together 36.450 Kg. Poppy husk (Doha) has been recovered from the possession of the petitioner. He further submits that petitioner has no concern
Patna High Court CR. MISC. No.28812 of 2023(4) dt.12-09-2023 2/3
with the alleged recovery.
Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that F.S.L. report confirms that the recovered contraband is Morphine, which would be evident from the result of examination, which is as follows :-
“Result of Examination
Morphine was detected in the contents of tin dibba as described above. Morphine is an opium alkaloid derived from Poppy plant (papaver somniferum). It is an narcotic drug and highly addictive in nature.”
According to N.D.P.S. Act, 1985 commercial quantity
of Morphine is described as 250 grm. whereas the small quantity is specified as 5 grams. Here in the case at hands altogether 36.450 Kg. of Poppy Husk (Doha) containing Morphine is recovered which fall under the purview of commercial quantity, therefore rigours of Section 37 of N.D.P.S. Act would apply in this case.
The grant of bail in NDPS cases, where the recovery of more than the 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 petitioner has not committed the offence and in the event of release he would
Patna High Court CR. MISC. No.28812 of 2023(4) dt.12-09-2023 3/3
not commit similar offence.
The issue was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh and 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.
The recovery of more than the commercial quantity of Morphine from the possession of the petitioner would not justify that the petitioner had no knowledge of narcotic nor there is any material to substantiate that the petitioner would not commit such offence in the event of release.
Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of bail to the petitioner in connection with Rail Gaya P.S. Case No.305 of 2022 (N.D.P.S. Case No.40 of 2022), pending in the court of learned Additional Session Judge-1st-cum-Special Judge, N.D.P.S. Act, Gaya.
Accordingly, the same stands rejected.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether the petitioner could be granted bail despite recovery of poppy husk containing Morphine in commercial quantity, given Section 37 NDPS Act restrictions.
Colour shows how this judgement treated each authority
State of Kerala and Ors. Vs. Rajesh and Ors.Relied on
2020(12) SCC 122 · Who else cites this
Narcotic Control Bureau Vs. Mohit AggarwalRelied on
AIR 2022 SC 3444 · Who else cites this
2 provisions across 1 enactments
Manprit Singh
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
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