IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.51554 of 2008 Lalan Prasad Gupta son of late Channu Sah R/o vill.-Dumra, P.S.Chanpatia, Dist.-West Champaran. Versus. The State of Bihar 3. 23.6.2009. Heard learned counsel for the petitioner and the State . The petitioner seeks bail in a case registered under sections 20(b)(i) and 21 of the N.D.P.S. Act. More than 86 K.G. Ganja was seized from the car belonging to the petitioner Submission is that the petitioner has sold his car prior to the occurrence. This fact was informed to the police but legal formality of transfer of name of ownership could not be made. So he has been apprehended. Further submission is that seizure witnesses have been examined and they have not supported the prosecution case. The petitioner was not apprehended at the spot. Allegation remained that Ganja was seized from the car which was legally belonging to 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 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 any offence while on bail. There is nothing on the record from which these inferences can be drawn to that extent. Considering the legal position and the quantity of recovery, I am not inclined to grant bail to the petitioner. According prayer for grant of bail is rejected. Md.S. (Shyam Kishore Sharma,J.) - 2 -