Ramakant Das v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3392 of 2025 Arising Out of PS. Case No.-9 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Muzaffarpur ====================================================== Ramakant Das S/o Lalan Das R/o vill - Parsa, P.S. - Pakridyal, Distt.- East Champaran ... ... Petitioner/s

Versus

The Union of India New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Ms. Shail Kumari, C.G.C. (U.O.I.) Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 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 NCB Case No. 09 of 2024 dated 28.08.2024 registered for the offence/s punishable u/ss 8(c), 22(c) and 29 of the NDPS Act.

3. As per the prosecution case, total 1 Kg. of white colour solid crystal substance believed to be Methamphetamine was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated

Patna High Court CR. MISC. No.3392 of 2025(7) dt.28-07-2025 2/3 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 28.08.2024.

5. Learned A.P.P. for the State has and learned counsel for the Union of Indian have vehemently opposed the bail petition of the petitioner and submitted that the said recovery has been made from the conscious possession of the petitioner. The seized contraband is of commercial quantity i.e. 1 Kg. Methamphetamine. The petitioner had no any valid authorization for keeping the said contraband. The said offence is related to the offence of NDPS Act and the Drug 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.

Patna High Court CR. MISC. No.3392 of 2025(7) dt.28-07-2025 3/3 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 Methamphetamine i.e. 1 Kg. from the conscious possession of the petitioner, I am not inclined to enlarge the petitioner on bail.

9. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

10. The application stands rejected.

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