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SHAILENDRA SINGH
Raja Kumar – Appellant
Versus
State of Bihar – Respondent
Key Points: - The court holds that offences involving small quantity under NDPS Act are bailable by operation of BNSS 2023 and Section 478, and the petitioner should have been released on bail (!) . - Section 37(1) of the NDPS Act makes such offences cognizable, but does not explicitly render them non-bailable; BNSS Schedule II implies less-than-three-year offences are bailable, guiding interpretation for NDPS small-quantity cases (!) (!) . - The judgment relies on precedents (Kuldeep Singh alias Keepa; Minnie Khadim Ali Kuhn) to support that bail is warranted for small-quantity NDPS offences absent explicit non-bailability (!) (!) . - The case concerns recovery of 1.76 grams (including sachet weight) of a smack-like material, categorized as small quantity with maximum punishment up to one year or fine; this supports bail entitlement (!) (!) . - The order grants regular bail to the petitioner with specific conditions and bond requirements of Rs. 20,000 and two sureties of equal amount (!) . - The matter directs dissemination to police authorities regarding bailability interpretation under BNSS and NDPS (!) .
ORDER
Heard Mr. Ram Jiban Pd. Singh, learned counsel for the petitioner and Mr. Pranav Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Phulwarisharif P.S. Case No. 1030 of 2025 dated 25.06.2025 registered for the offence punishable under sections 8(c)/21(a) of the Narcotic Drugs and Psychotropic Substances, Act, (in short ‘NDPS Act’).
3. The main submissions advanced by petitioner’s counsel are that the instant matter relates to the recovery of eight sachets allegedly containing smack-like material, which collectively weighed 1.76 grams, including the weight of the sachets, on an electronic weighing machine, however, without the sachets, the weight of the contained material was only 0.32 grams, which is a very small quantity but despite this, the trial court rejected the petitioner’s prayer for regular bail in a mechanical manner without considering the prescribed punishment for the alleged offence. It is further submitted that the petitioner has been languishing in jail since 26.06.2025, though against him there is criminal antecedent of one case but he is on bail in the said case.
4. Learned APP for the State has opposed the prayer of the petitio
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
The stringent conditions of Section 37 under the NDPS Act require that an accused must demonstrate reasonable grounds for believing they are not guilty for bail eligibility, particularly concerning c....
Bail under the NDPS Act necessitates proof of innocence and no risk of reoffending, reflecting the serious societal impact of drug-related crimes.
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The main legal point established in the judgment is that bail should be granted only when the case is frivolous or groundless and no prima facie or reasonable grounds exist which lead to belief or po....
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