Manoj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67482 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Manoj Jha Son of Late Jogi Jha R/O village - Manikpur, P.S. Mozahidpur, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 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 Kotwali P.S. Case No. 273 of 2024 dated 20.06.2024 registered for the offence/s punishable u/ss 21(c), 22 (c) and 25 of the Narcotics Drugs and Psychotropic Substance Act.
3. As per the prosecution case, total 1500 litres of codeine phosphate and Triprolidine Hydrochloride syrup (wiscof) were recovered from Magic vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated
2/4 in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner is the helper of the driver of the seized vehicle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The seized contraband is commercial quantity i.e. 1500 litres of codeine syrup. 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. 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". The petitioner had no any valid authorization for keeping the said contraband. The said offence is related to the offence of
3/4 NDPS Act and the Drugs and Cosmetic Act.
6. As per Section 37 of the N.D.P.S. Act, the two conditions are that the Court should be satisfied with :- (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 of commercial quantity of codeine syrup from the conscious possession of the petitioner,
4/4 I am not inclined to enlarge the petitioner on bail. (Chandra Prakash Singh, J) guddukr/- U T