Sudhanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85305 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Sudhanshu Kumar S/o Sri Bharat Yadav Resident of village- Azad Nagar, ward no 9, PS- Madhepura, Distt.- Madhepura ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Durgesh Kumar For the Opposite Party :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Excise Supaul P.S. Case No. 229/2024/ Miscellaneous Excise Case No. 3515 of 2024 dated 19.09.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 280 litres of wiscof cough syrup was recovered from the Scorpio car.
4. Learned counsel for the petitioner has submitted that 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 is driver of the said
Patna High Court CR. MISC. No.85305 of 2024(3) dt.05-02-2025 2/3 vehicle. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the seized contraband is commercial quantity i.e. 280 litres of wiscof cough syrup containing codeine. It is further submitted that this case comes under the NDPS Act and Drugs and Cosmetics Act as per section 80 of the NDPS Act. 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 weather 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 :- (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
Patna High Court CR. MISC. No.85305 of 2024(3) dt.05-02-2025 3/3 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 wiscof cough syrup, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Excise Supaul P.S. Case No. 229/2024/ Miscellaneous Excise Case No. 3515 of 2024, pending in the court of learned Exclusive Special Judge, Excise Court No. 2, Supaul.
9. Learned trial court is directed to expedite the trial and conclude the same at the earliest.
(Chandra Prakash Singh, J) atul/- U T