Neeraj Kumar @ Neeraj Kumar Singh vs. The State Of Bihar

Facts

The petitioners, Anuj Kumar and Neeraj Kumar @ Neeraj Kumar Singh, have filed applications for regular bail in connection with Sherghati P.S. Case No. 509 of 2023, instituted for offences under the N.D.P.S. Act. The prosecution case alleges that based on secret information, a raid was conducted at Mahakal Traders, leading to the recovery of 20 kg of poppy seeds, 10 kg of Mahua flower, and approximately 50 kg of Posta (Doda Powder) from a godown. The petitioners were apprehended at the spot. Their counsel argued that the seized Doda Powder's weight has not been confirmed and that it does not fall under the purview of commercial quantity as per the N.D.P.S. Act. It was also submitted that co-accused deal in poppy seeds after paying GST and receive them from registered dealers, procuring them in raw state and selling after cleaning/processing. The petitioners claim to have no criminal antecedents and have been in judicial custody since May 18, 2023.

Held

The Court, having heard the learned counsel for the parties and considering the facts and circumstances of the case, was inclined to enlarge the petitioners on bail. The reasoning appears to be based on the arguments presented by the petitioners regarding the unconfirmed weight of the Doda Powder and its potential classification as non-commercial quantity, coupled with their claim of no prior criminal record and the period of custody already undergone. The Court did not explicitly rule on the classification of the Doda Powder as commercial or non-commercial quantity, nor did it delve into the GST aspect raised by the petitioner's counsel. The primary focus of the decision was on granting bail. The ratio decidendi is that when there are arguable points regarding the nature of the seized substance and the petitioner has no criminal antecedents and has spent a significant period in custody, bail may be granted. The operative direction was to enlarge the petitioners on bail upon furnishing bail bonds.

Key Issues

1. Whether the seized Doda Powder falls within the purview of commercial quantity as defined under the N.D.P.S. Act, thereby determining the applicable legal provisions and potential sentence? (Mixed question of law and fact, turning on the interpretation of the N.D.P.S. Act and the nature of the seized substance). 2. Whether the petitioners are entitled to regular bail given their alleged involvement, the quantity of seized substances, and their claim of no criminal antecedents? (Question of law and fact, concerning bail provisions under the Cr.P.C. and the N.D.P.S. Act). Contentions: Petitioner: Argued that the weight of the seized Doda Powder has not been confirmed and that it does not constitute a commercial quantity under the N.D.P.S. Act. They also highlighted that co-accused deal in poppy seeds after paying GST and receiving them from registered dealers, suggesting a commercial activity rather than illicit drug trafficking. The petitioners asserted they have no criminal antecedents and have been in custody since May 18, 2023. Revenue/State: Opposed the bail application.