Facts of the Case

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The two petitioners sought regular bail in a case registered under Sections 8, 15(c), 18, 25 and 29 of the NDPS Act, arising from a police raid at “Mahakal Traders” godown in Sherghati, Gaya, following secret information. The raid recovered 20 kg each of poppy seeds, 10 kg of Mahua flower, and approximately 50 kg of Posta (Doda Powder). The petitioners' counsel argued they had been falsely implicated, that a co-accused's business lawfully dealt in poppy seeds — procuring raw poppy seeds from registered dealers, paying applicable GST, and processing/selling them onward to other dealers — and that the true weight and character of the seized Doda Powder had not been confirmed so as to bring it within the NDPS Act's commercial-quantity threshold.

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Issues Involved

  1. Whether regular bail should be granted to persons found at a godown from which poppy seeds, Mahua flower and Doda Powder were seized, given the defence that the underlying poppy-seed trade was a lawful, GST-compliant business.

Petitioner's Arguments

  • The petitioners have been falsely implicated; they were apprehended on the spot, but the trade in poppy seeds conducted at the location — procurement from registered dealers with GST duly paid, followed by cleaning, processing and onward sale — is entirely lawful.
  • The weight of the seized Doda Powder has not been conclusively confirmed, and it may not meet the commercial-quantity threshold under the NDPS Act.
  • The petitioners have no criminal antecedents and have been in judicial custody since 18.05.2023.

Respondent's Arguments

  • The bail application was opposed by the prosecution, though the specific grounds of opposition beyond seeking custody are not elaborated in this brief order.

Court Order / Findings

  • Having heard both sides and considered the facts and circumstances, the Court found it appropriate to enlarge the petitioners on bail after framing of charge (if not already framed).
  • The petitioners were directed to be released on bail on furnishing a bail bond of Rs. 10,000 each with two sureties of like amount, to the satisfaction of the trial court.

Important Clarification

The petitioners' claim that their poppy-seed dealings involved paying GST to registered suppliers was offered as evidence of a legitimate business, going to the question of bail — the Court did not examine, and was not asked to examine, any question of GST law, registration, or compliance. This remains an NDPS Act bail order.

Sections Involved

  • Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 15(c), 18, 25 and 29

Decision – In Favour of

Allowed in favour of the petitioners — regular bail was granted on furnishing bail bonds and sureties.

Case Details

  • Court: High Court of Judicature at Patna
  • Case Nos.: Criminal Miscellaneous No. 53929 of 2023, with Criminal Miscellaneous No. 54180 of 2023
  • Coram: Justice Sunil Kumar Panwar
  • Date of Order: 03.10.2023

Link to Download the Order

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