IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6521 of 2009 RAM UDAY SHARMA S/O-Late Shyamdeo Singh @ Shyamdeo Sharma, R/O-Vill-Dhuria, P.S.& Distt.-Jehanabad. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 4/ 20.07.2009 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 Section 20 of the N.D.P.S. Act. The petitioner has been apprehended on the allegation that he was cultivating ganja. 20 plants of ganja were seized from his possession. A report regarding examination of the seized article by the F.S.L. has been called for and it appears from the report that the seized article was leaves and stems of ganja plant. Therefore, it is covered under the purview of N.D.P.S. Act. The recovered ganja is of commercial quantity. The provision of grant of bail to an 2 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 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 is rejected. kksinha/ (Shyam Kishore Sharma, J.)