In a bail application under N.D.P.S. Act, the court rejected the applicant's plea of false implication, noting the huge quantity of recovered ganja made planting difficult, and dismissed the bail plea while directing expedited trial.
Bail rejected. Trial directed to be expedited within six months under Section 309 Cr.P.C.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5244 of 2019
Applicant :- Ranjeet Kumar Singh Opposite Party :- D.R.I. Varanasi Counsel for Applicant :- Pradeep Kumar Singh,Ashish Kumar Singh
Counsel for Opposite Party :- Krishna Agarawal
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ali Hasan, learned counsel for the applicant, and Sri Krishna Agrawal, learned counsel for the Department of Revenue Intelligent.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committee no offence. It is further submitted that the applicant has no concerned with the recovered contraband; The applicant is in jail since 2.1.2018.
In rebuttal, learned counsel for the Opposite Party has argued that accused was fully conscious about the possession of contraband and his confessional statement has been recorded under Section 67 of the N.D.P.S. Act; Further, it is alleged that such huge recovery of 1126.50 Kg. Ganja worth Rs. 56,32,500/- could not be falsely planted and moreover under his supervision, entire trafficking of Ganja was being done, therefore, bail should be rejected. The bail application of co-accused Lakhan Singh has already been rejected by this Court on 17.1.2019 passed in Criminal Misc. Bail Application No.14136 of 2018.
Looking to the fact that huge recovery has been alleged to have been made which is not possible to be planted falsely, in view of this, without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Ranjeet Kumar Singh involved in Case Crime Nil of 2018, under Section 8/20 N.D.P.S. Act, police station Directorate of Revenue Intelligence, Varanasi, District Varanasi Accordingly the bail is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained under Section 309 Cr.P.C. within a further period of six months from the date of production of a certified copy of this order.
Order Date :- 2.4.2019 Dev/-
2 issues framed by the court
Whether bail should be granted to the applicant charged under Section 8/20 N.D.P.S. Act given the alleged false implication.
Whether the large quantity of recovered contraband makes implantation difficult and thus negates false implication.
3 provisions across 2 enactments
Ranjeet Kumar Singh
D.R.I. Varanasi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
