IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9443 of 2009 UMESH RAM SON OF LATE JHAGRU RAM RESIDENT OF VILLAGE BERUA,P.S.GAIGHAT,DISTT.MUZAFFARPUR Versus STATE OF BIHAR With Cr.Misc. No.45214 of 2008 JAIKAL DEVI WIFE OF SRI UMESH RAM RESIDENT OF VILLAGE BERUA,P.S.GAIGHAT,DISTT.MUZAFFARPUR Versus STATE OF BIHAR ----------- 2/ 13.5.2009 Since both the above applications arise out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners, who are husband and wife, seek bail in a case which has been registered for offences under Sections 20 and 22 of Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as ‘N.D.P.S.Act’). According to allegation, from the house of the petitioners many packets wrapped in polythene were recovered. The packets were of ganja weighing 7 quintals 9 Kgs. Submission is that a truck driver had kept the packets in the house of the petitioners and the recovery is not from the conscious possession of the petitioners. Further submission is that at the time of recovery, petitioner Umesh Ram was not present at his house and when he came to know about that, he reached his house and he was also implicated in this case. Initial defence of the petitioners was that seized substance was not sent for chemical examination. A report was called for regarding examination of the seized substance which has been 2 received. From the report it appears that, after examination, the seized substance was found to be ganja. 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 ground for believing that he is not guilty of such offence and that he is not likely to commit any 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 grant bail to the petitioners. Accordingly, their prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)