Patna High CourtCR. MISC./26910/2024bail rejected

Suresh Yadav @ Suresh Kumar Yadav v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26910 of 2024 Arising Out of PS. Case No.-412 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Suresh Yadav @ Suresh Kumar Yadav S/o- Mahendra Yadav R/o- VillageBetaunha, Ward No- 7, PS- Jaynagar, Distt-Madhubani ... ... Petitioner/s

Versus

The state of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 412 of 2023, G.R. No. 68 of 2023 dated 05.10.2023 registered for the offence/s punishable u/s 21(c), 22(c) of N.D.P.S. Act.

3. As per the prosecution case, on secret information, police recovered 97 bottles of Codiwell Syrup, 65 bottles of Rexcof-DX Syrup, 08 bottles of Expion Syrup, 1020 tablets of Nitravet-10, 609 tablets of Netxacare-10, 144 capsules of Sammex Plus, 143 capsules of Sampex Plus, Rs. 22,250/- of Indian currency and 2,83,350/- of Nepali currency were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.26910 of 2024(3) dt.27-08-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The seized contraband was recovered in a huge quantity which contains Chlorpheniramine Maleate and Codeine Phosphate. The seized contraband is commercial quantity. It is further submitted that as per entry 28 of the list of NDPS Act, small quantity of codeine as defined is 10 gram and commercial quantity of codeine as defined is 1000 gram. The accused at this stage cannot be presumed to be 'not guilty' of the offence that he is charged with. The petitioner was found in possession of the contraband without having valid authorization. Learned APP for the State also placed reliance on the judgment in the case of Hira Singh and Anr. Vs. Union of India and Anr, (2020)20 Supreme Court Cases 272 of Hon'ble Apex Court has held that "weight of entire materials/ mixture along with neutral material is to be considered for ascertainment of whether the quantity is "small quantity" or "commercial quantity".

6. As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with :-

Patna High Court CR. MISC. No.26910 of 2024(3) dt.27-08-2024 3/3 (i) There are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) He is not likely to commit any offence while on bail.

7. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail. The Court is of the opinion that the parameters of bail available under Section 37 of the Act have not satisfied in the facts of the instant case. The Hon'ble Supreme Court in the case of Narcotics Control Bureau v. Mohit Aggarwal 2022 SCC OnLine SC 891 has held that "The length of the period of his custody or the fact that the charge-sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent under Section 37 of the N.D.P.S. Act."

8. Considering the aforesaid facts and circumstances of the case as well as the recovery was made from the conscious possession of the petitioner, I am not inclined to enlarge the petitioner on bail.

9. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T