IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6065 of 2009 1.JANARDAN SHARMA SON OF BANARSI SHARMA 2.JADO LAL DAS SON OF DAROGA DAS BOTH RESIDENT OF VILLAGE SIKTA,P.S.SIKTA,DISTT.WEST CHAMPARAN Versus UNION OF INDIA ----------- 2/ 30.4.2009 Heard learned counsel for the parties. The petitioners have been apprehended with 12 K.Gs. of charas. The recovery is of commercial quantity. In such cases, the accused persons are to be considered in terms of Section 37 of the NDPS Act. That section virtually debars grant of bail to the accused and bail to that accused can only be granted if the court comes to the conclusion that the accused is innocent and has not committed any offence. Such finding cannot be given in view of recovery of the charas in question. Considering all these, I am not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)