IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37312 of 2009 SHANKAR SAH S/O SITA SAH @ SITA RAM PRASAD, R/O VILLAGE- BANGARA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN Versus UNION OF INDIA THRU.CUSTOM ----------- 2 28/10/2009 Heard learned counsel for the petitioner and learned counsel representing the Union of India. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 1.12.2008 passed in Cr. Misc. No. 43208 of 2008 considering the quantity of recovery which is of commercial quantity of narcotic drugs and psychotropic substance namely 45 Kg. Ganja and 40 Kg. of Charas. Considering the quantum of recovery earlier prayer for bail was rejected. Provision for bail to the accused involving commercial quantity of narcotic drugs is prescribed under section 37 of the Narcotic Drugs and Psychotropic Substance Act which has its own provision for bail. Bail to such accused can only be granted, if the court comes to the opinion that petitioner has been falsely implicated and after release he will not commit such offence. There is nothing on the record from which such inference can be drawn. Considering the quantity of recovery, I am not inclined to enlarge the petitioner on bail. His prayer for bail is again rejected. avin (Shyam Kishore Sharma, J.)