IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17375 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- GHURNA District- Araria ====================================================== Suraj Kumar @ Suraj Paswan S/O Kesav Paswan @ Kulanand Paswan R/O Basmatiya Ward No 5, P.S.- Basmatiya, District- Araria ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 22-04-2025 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 Ghurna P.S. Case No. 62/2024, dated 24.11.2024 registered for the offence punishable u/s 20, 22 of the NDPS Act. 3. As per the prosecution case, during patrolling duty the informant Pradeep Kumar, SSPO saw two persons were exchanging some articles suspiciously near pillar no. 191/4 Ghurna Bazar at 7.45 pm. After search, total 5070 capsules of Tramadol Hydrochloride (50 mg) each strip contain 10 capsules and two motorcycles were recovered by SSB official during patrolling duty. Patna High Court CR. MISC. No.17375 of 2025(2) dt.22-04-2025 2/4 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. Learned counsel has further submitted that the petitioner has no concern with the seized motorcycles. The petitioner has one criminal antecedents as stated in para 3 of the bail petition in which he is on bail. The petitioner is in custody since 25.11.2024. 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. 253.5 gm which contains Tramadol. Tramadol falls under the pruview of NDPS Act 1985 (S.No. 238 ZH of NDPS Act) of which small quantity is 5 gm and commercial quantity is 250 gm. 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 Patna High Court CR. MISC. No.17375 of 2025(2) dt.22-04-2025 3/4 no any valid authorization for keeping the said contraband. The said offence is related to the offence of NDPS Act and 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. 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 Patna High Court CR. MISC. No.17375 of 2025(2) dt.22-04-2025 4/4 quantity of Tramadol Hydrochloride capsules 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. khushbu/- (Chandra Prakash Singh, J) U T