IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10224 of 2009 SHRADHA DEVI @ SHARDA DEVI @ PATRATIA DEVI WIFE OF LATE SRI KISHUN SINGH RESIDENT OF VILLAGE PADRAWANA,P.S.BARHARIA,DISTRICT SIWAN Versus STATE OF BIHAR ----------- 3/ 25.7.2009 Heard learned counsel for the parties. The petitioner is in custody in Barharia P.S.Case No. 13 of 2009 which has been registered for offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic substance Act. Allegation is that the petitioner was found in possession of 1 Kg. 700 grams of charas. Submission is that the seizure was by local police who has no expertise in determining the authenticity about the nature of article which was seized. The seized article has not been chemically examined as yet. There is no compliance of Section 50 of the N.D.P.S.Act. Further submission is that as the petitioner is a lady of advance age, she should be released on bail. The recovered charas is of commercial quantity. The provision of grant of to an accused who is involved in offence relating to recovery of commercial quantity is prescribed under Section 37 of the N.D.P.S. Act and the accused is entitled to be released only if the court is satisfied that there are reasonable ground for believing that he/she is not likely to commit any offence while on bail. There is nothing on record from which these inferences can be drawn. Considering the legal position and the quantity of recovery, I am not inclined to grant bail 2 to the petitioner. Accordingly, her prayer for bail is rejected. However, the petitioner may take all the plea regarding examination of seized article by the Forensic Science Laboratory before the court below. Tahir/- ( Shyam Kishore Sharma, J.)