Single judge order refusing bail to an accused under Sections 20(b) (ii) (c) of the NDPS Act. A large quantity of ganja was recovered from the petitioner's house, leading the court to reject the bail prayer.
Prayer for bail of the petitioner in connection with NDPS Case No. 2 of 2018 stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4179 of 2018
Md. Shahzaman @ Md. Shahzama @ Chhote Khan @ Chotu Khan
…. …. Petitioner(s).
Versus Union of India through NCB …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Ashutosh Kr. Singh, Advocate For the NCB : Mr. Rajiv Sinha, Advocate
04/30.10.2018
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 20(b) (ii) ( c) of the NDPS Act.
68 kg of ganja was recovered from the house of this petitioner.
Counsel for the petitioner submits that petitioner has been made an accused solely on the basis of his confessional statement given pursuant to section 67 of the NDPS Act. He submits that the said statement has not been given voluntarily and the mandatory provision of the NDPS Act has not been followed. He submits that for the lacuna of the prosecution, petitioner has remained in custody since 11.01.2018 and he may be released on bail.
Learned NCB opposes the prayer for bail and submits that 68 Kg of ganja was recovered from the house of this petitioner. So far as reference of non-compliance of the mandatory provision is concerned it should be looked by the trial court.
Since 68 Kg of ganja was recovered from the house of this petitioner, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in c onnection with NDPS Case No. 2 of 2018 corresponding to NCB Crime No. 01/NCB/Ranchi/2018 (11/2017-18), pending in the court of learned Special Judge-cum-District & Sessions Judge, Jamshedpur stands rejected.
(ANANDA SEN, J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner is entitled to bail despite the recovery of 68 kg of ganja from his house and alleged non-voluntary confessional statement.
Whether validity of the confessional statement under section 67 of the NDPS Act should be examined at the bail stage.
1 provisions across 1 enactments
Md. Shahzaman @ Md. Shahzama @ Chhote Khan @ Chotu Khan
Union of India through NCB
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
