Hearing a bail petition in an NDPS case involving small quantities of seized narcotics, the court granted bail by fixing a bond and sureties, noting doubts regarding the actual weight of contraband and the petitioner's clean record.
Directed release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82325 of 2024
Arising Out of PS. Case No.-66 Year-2024 Thana- SIWAN CITY District- Siwan
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Monu @ Md. Monu, S/o Shahjad @ Sahjad, R/o village - Makhdum Sarai Purab Tola, P.S. - Sarai O.P., Distt.- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Prashant Kumar, Advocate For the Opposite Party/s : Mr.Aditya Narayan Singh-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 04-12-2024
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.82325 of 2024(2) dt.04-12-2024 2/3
case. No recovery has been made from the person/possession of this petitioner. The contraband shown to be recovered from the house of the petitioner is a joint under construction house and the petitioner cannot be made liable for any recovery. The learned counsel further submits that altogether 62 wrappers ( puriya ) were said to be recovered containing smack and total weight was 29 grams. Evidently, if the weight of the wrappers ( puriya ) is discounted, the actual weight of the contraband would be below 5 grams which is small quantity. Similarly, the quantity of seized ganja is below the small quantity. The learned counsel further submits that it is surprising that the police party did not take the actual weight of the contraband and did not chemically verify the fact that the contraband contained narcotics drugs or psychotropic substance. The learned counsel further submits that since the seized contraband is much below the commercial quantity, rigours of Section 37 (1) (b) of the NDPS Act could not be applicable. The petitioner is in custody since 11.07.2024 and the charge sheet has been submitted. The petitioner is having clean antecedent.
Patna High Court CR. MISC. No.82325 of 2024(2) dt.04-12-2024 3/3
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
3 issues framed by the court
Whether strict bail provisions under Section 37(1)(b) of the NDPS Act are applicable given the small quantity of contraband seized and procedural defects.
Whether the petitioner should be released on bail considering doubts over the quantity of seized material and his clean antecedent.
What conditions should be imposed for the release of the petitioner on bail.
1 provisions across 1 enactments
Monu @ Md. Monu
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
