[2026:JHHC:834] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5942 of 2025 Manoj Kumar Gouda, Aged 21 years, Son of Jagbandhu Gouda, Resident of village-Gujuniguda, Tenkar, Koraput, PO and P.S.-Jeypore, District- Koraput (Odisha), Aadhar No. 601851426770. ..... … Petitioner Versus The Union of India through NCB, Ranchi Zonal Unit ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mrs. Ganga Kumari Kachhap, Advocate. : Ms Ankita Toppo, Advocate. For the NCB : Mr. Prashant Pallav, A.S.G.I. : Ms. Shiwani Jaluka, A.C. to A.S.G.I. ------ 06/ 13.01.2026 Heard learned counsel for the petitioner and learned A.S.G.I. appearing for the NCB. 2. The petitioner is apprehending his arrest in connection with NCB Crime No. 01/NCB/Ranchi/2025, registered for the offence under Sections 20(b)(ii)(c), 25 and 29 of NDPS Act, pending in the court of learned Sessions Judge-cum-Special Judge, NDPS Act, Lohardaga. 3. Learned counsel appearing for the petitioner submits that the team of NCB, Ranchi has seized 250 Kgs of ganja, which is commercial quantity from one truck bearing registration number OD- 14-Z-3324 concealed over the pack of plywood. She next submits that the petitioner is neither the owner nor the driver of the said truck and the said contraband has not been recovered from the possession of the petitioner. She then submits that one Chhotan Ram @ Chhotan Mistri has used the SIM No. 7735655520, which was in the name of this petitioner, however, how that SIM has reached to said Chhotan Ram @ Chhotan Mistri, she is not knowing. She further submits that the petitioner is having no criminal antecedent and disclosure to that effect [2026:JHHC:834] -2- has been made in para-16 of the petition. She also submits that the petitioner is a student of Times Degree College, Jeypore and he has attended all the exams during the 3rd semester exam period from 08.02.2025 to 19.02.2025 in the Vikram Dev University (Examination Centre) and to buttress her such argument, she refers to Page-33 of the petition, which is the certificate issued by the Principal of the said College. On these grounds, she submits that the privilege of anticipatory bail may kindly be provided to the petitioner. 4. Learned A.S.G.I. appearing for the NCB has opposed the prayer and submits that the petitioner is not co-operating in the investigation and in the final complaint, submitted before the learned court, it has come that the SIM of this petitioner has been used by one Chhotan Ram @ Chhotan Mistri. He next submits that there are restrictions in passing the order in light of Section 37 of the NDPS Act and in a routine manner, even the regular bail cannot be allowed. He relied in the case of State by the Inspector of Police Versus B. Ramu, reported in 2024 SCC OnLine SC 4073. Relying on this judgment, he submits that the prayer for anticipatory bail may kindly be rejected. 5. Looking into the contents of the complaint, it transpires that the said contraband was recovered from one truck bearing registration number OD-14-Z-3324 concealed over the pack of plywood and the petitioner is neither the owner nor the driver of the said truck and how the SIM of this petitioner has been used by one Chhotan Ram @ Chhotan Mistri is the matter of investigation, which is still going on. Further the petitioner is a student of Times Degree College, which is fortified in light of Annexure-2 series, wherein the time table of the exam and certificate of the Principal of Times Degree [2026:JHHC:834] -3- College, Jeypore have been annexed, which clearly suggests that the petitioner has appeared in the examination. The petitioner is having no criminal antecedent and disclosure to that effect has been made in para- 16 of the petition. 6. There is no doubt that in the case arising out of NDPS Act, the courts are very slow in allowing either the regular bail or anticipatory bail, however, the each case has to be considered on the facts and circumstances of the cases. 7. In the case of State by the Inspector of Police (Supra), as relied by the learned A.S.G.I. appearing for the NCB, the learned single bench of Hon’ble Madras High Court has granted the anticipatory bail by way of directing the petitioner to deposit Rs. 30,000/- in the Tamil Nadu Advocate Clerk Association, Chennai with other conditions and the provisions enshrined in Section 37 of the NDPS Act was not taken care of and in view of that the said order has been passed by the Hon’ble Supreme Court. However, in para-12 of the said judgment, the Hon’ble Supreme Court has clearly stated that the court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act. 8. So far as the case in hand is concerned, the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition and the petitioner is a student of Times Degree College, which is fortified in light of Annexure-2 series, wherein the time table of the exam and certificate of the Principal of Times Degree College, Jeypore have been annexed and how the SIM of the petitioner has come to one Chhotu Ram @ Chhotu Mistri is a matter of investigation and further the petitioner will co-operate in the [2026:JHHC:834] -4- investigation, I am inclined to grant anticipatory bail to the petitioner. 9. Accordingly, the petitioner, named above, is directed to surrender before the learned court within four weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Lohardaga, in connection with NCB Crime No. 01/NCB/Ranchi/2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-13.01.2026 Amitesh/-