IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4009 of 2009 MD.NASIM S/O-Md. Shakoor, R/O-AG-377, Saroj Nagar, Delhi at present resident of Vill-Amour, P.S.- Amour, Distt.-Purnia. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 4/ 25.07.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offence under Sections 20(B)1, 21, 22 of the N.D.P.S. Act. From a truck involved in an accident 60 kg. of Ganja was recovered. Allegation is that the petitioner was driving that truck at the time of occurrence. Submission is that the petitioner is in custody since 02.11.2007. Though, the petitioner was driving the truck from before but during the occurrence he was not driving the truck, he was on leave since ten days before the occurrence. A report has been called for and from the report it appears that charges have been framed and summons have been issued. Some documents of the truck and driving license were 2 found on search at the time of occurrence and the license was of the petitioner. The recovered ganja is of commercial quantity. The provision of grant of bail 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 on bail only if the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit such 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 consider the prayer for bail of the petitioner. Acordingly, his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)