IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18508 of 2008 SATENDRA RAI Versus THE STATE OF BIHAR ----------- 04/ 26.08.2008 Heard learned counsel for the petitioner and the State. Allegation against the petitioner is that he was apprehended in connection with recovery of 30 kg. of Ganja in four packets from his house. Submission is that the recovery is from the house of Brijendra Rai and the petitioner is separate from Brijendra Rai. The petitioner was apprehended because he was present at the time of occurrence. His conduct goes to show his innocence. The recovery was made from a room which was rented to a man of Vanaras. The chemical examination report has not yet been received. The recovery is of commercial quantity of narcotic drugs and the provisions of granting bail to an accused of recovery of commercial quantity of drugs is prescribed under Section 37 of the NDPS Act. An accused can only be only granted bail if the court is of the opinion that the petitioner is innocent and in future he will not commit such offence. No such finding can be given presently. Accordingly, I am not inclined to release the petitioner on bail. Petition is dismissed. However, the petitioner is at liberty to renew his prayer for bail after receipt of the report from Forensic Science Laboratory. DKS/ (Shyam Kishore Sharma,J) - 2 -