IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2924 of 2009 1. Pavitar Devi Wife of Chirkut Mahto, resident of Village-Raza Bazar, Motihari, P.S.-Motihari Nagar, District-East Champaran. 2. Sikandar Alam, sonof Nasre Alam, All resident of Mohalla-Balua Gopalpur, P.S.-Motihari Nagar, District- West Champaran. ... . . Petitioners. Versus THE STATE OF BIHAR WITH Cr.Misc. No.8543 of 2009 1. Md. Firoz, son of Md. Rasul, 2. Md. Shamim, son of Gope @ Md. Rasul. Both Resident of village Khada Nagar, P.S.-Chhatauni, District-East Champaran. . . . Petitioners. Versus THE STATE OF BIHAR ----------- 02 03.03.2009 Heard the learned counsel for the petitioners and the State. Since both the bail applications have arisen out of one occurrence i.e. N.D.P.S. Case No.79 of 2008 (Motihari Town P.S. Case No. 235 of 2008) registered under Section 18 / 22 of the N.D.P.S. Act regarding recovery of some sachets of smack from the accused persons, these cases are taken up together and are being disposed of by this common order. Submission is that weight of the contraband articles is not mentioned and the seized article was not Narcotic Substance. It is also submitted that in the event of the weight of the article seized not being disclosed there can be no conviction. All the petitioners are of sheer responsible. Provisions of Section 50 of N.D.P.S. Act have not been complied with. The bar under Section 37(I), (b) of the N.D.P.S. Act is not applicable in the case because it relates to offence under Section 19 / 24 / 27-A of the Act and also for offences involving commercial - 2 - quantity. Considering the facts and circumstances of the case, petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each, with two sureties of the like amount each to the satisfaction of Sessions Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 79 of 2008 arising out of Motihari Town P.S. Case No. 235 of 2008. Uday/ (Shyam Kishore Sharma, J.)