IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9779 of 2008 SHYAM BIHARI RAI Versus STATE OF BIHAR ----------- 3. 12.05.2008 Heard the learned Counsel for the parties. 24 Kg. of ganja has been recovered from the palani situated behind the house of the petitioner. Submission is that there was no compliance of Section 100 Cr.P.C. on the place from where there was recovery of ganja. Ganja was not in exclusive possession of the petitioner rather it was of another accused. The petitioner is in custody since 31.08.2007. The recovery was made in presence of two independent witnesses and the seized article ganja is of commercial quantity. According to the Forensic Science Laboratory Report the seized article was ganja. In view of Section 37 of the N.D.P.S. Act, I am not of the opinion that the petitioner is innocent. Considering all the aspects I am not inclined to grant the bail to the petitioner accordingly his prayer for bail is rejected. kksinha/- (Shyam Kishore Sharma, J.)