IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41119 of 2009 Dwarika Chaurasia, Son of late Laxman Chaurasia, Resident of Village Baishkhwa Tola Parharwa, P.S. Gopalpur, District West Champaran. ---------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 1.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner faces prosecution for an offence under Sections 20 & 22 of the N.D.P.S. Act and it is said that the petitioner in a gang of eight persons was moving with an objectionable items including Ganja kept in eight packets and was apprehended on search by the prosecution party whereas his inmates were able to runaway from the spot. Learned counsel for the petitioner was quite emphatic that not only the petitioner has been framed in this case but as a matter of fact, nothing has been recovered from his conscious possession so as to make him personally liable. Counsel for the petitioner would further submit that the petitioner has got no criminal antecedent and he is the first offender for any offence, much less, under N.D.P.S. Act. 2 In the opinion of this Court, a very simplistic look given by the counsel for the petitioner would not be available for the simple reason that it was a gang of eight persons which was moving with almost eighty kilograms of Ganja and the petitioner on being caught at the spot had also given the name of the kingpin who was involved in such nefarious transaction of Ganja. Eighty kilograms of Ganja is much more than prescribed commercial quantity and therefore, this Court, for the time being, would not be inclined to direct for release of the petitioner on bail till he would complete one year of his judicial custody. That being so, since the petitioner is in custody since 29.7.2009, this Court would only give liberty to the petitioner to renew his prayer for bail after 1st of August, 2010. Rsh (Mihir Kumar Jha, J.)