Md. Manjar vs. The State Of Bihar

Facts

The petitioners, Md. Manjar and Md. Israil, are seeking regular bail in connection with Jalalgarh P.S. Case No. 151 of 2023, registered under Sections 8(C) and 21(C) of the NDPS Act. The prosecution alleges that 354.8 liters of Codeine syrup were recovered from the house of Md. Major Alam, where the petitioners were apprehended. The petitioners claim innocence and false implication. Petitioner No. 1 is stated to be the proprietor of Maa Medico, holding a valid license for dealing in drugs and paying GST and other taxes. It is also argued that the seized quantity of codeine is approximately 354.8 grams, which is below the commercial quantity of 1 kg. The petitioners have no criminal antecedents and have been in judicial custody since August 11, 2023.

Held

The Court considered the facts and circumstances of the case, including the custody period of the petitioners. While the judgment does not explicitly detail the legal arguments regarding the NDPS Act provisions or the GST aspect, it focuses on the bail application. The Court found the petitioners eligible for bail. The reasoning appears to be primarily based on the duration of their custody and the arguments presented by the petitioners regarding the quantity of seized codeine being below the commercial limit and their lack of criminal history. The Court directed that the petitioners be released on bail after the framing of charges, if not already framed, upon furnishing bail bonds of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the learned Special Judge NDPS Act, Purnea.

Key Issues

1. Whether the petitioners are entitled to regular bail under the provisions of the NDPS Act, considering the quantity of seized contraband and their alleged involvement. Contentions of the Petitioners: The petitioners argue that they are innocent and have been falsely implicated. They highlight that Petitioner No. 1 possesses a valid license for dealing in drugs and pays GST and other taxes, suggesting legitimate business operations. Crucially, they contend that the seized quantity of codeine, stated as approximately 354.8 grams, is significantly below the commercial quantity threshold of 1 kg, which is a key factor in determining the severity of the offense under the NDPS Act. They also emphasize their lack of criminal antecedents and their prolonged period of incarceration since August 11, 2023, as grounds for granting bail. Contentions of the Revenue/State: The learned APP appearing for the State opposed the prayer for regular bail.