This judgment rejects the prayer for bail in a narcotic offence case involving 4.400 kg of opium. Applying Section 37(1)(b), the court held that commercial quantity prohibits bail regardless of prior custody.
Prayer for bail under NDPS Case No. 21 of 2017 is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 463 of 2018
Dhananjay Ganjhu …. …. Petitioner(s).
Versus
The State of Jharkhand & Anr. …. ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN. -----For the Petitioner(s) : Mr. Ashok Kumar, Advocate For the NCB : Mr. Sudhir Kumar, Advocate
…. …. Opp. Party(s)
04/15.02.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 18(B) N.D.P.S. Act.
FIR suggests that 4.400 kg of opium was recovered from the possession of this petitioner.
Counsel for the petitioner submits that petitioner is in custody since 13.6.2017 and he has been sufficiently punished.
Keeping in view of the quantity of opium which has been recovered and also taking into consideration Section 37(1) (b) which prohibits grant of bail to the accused from whose possession commercial quantity of Narcotic has been recovered, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Dhananjay Ganjhu, in connection with NDPS Case No. 21 of 2017, arising out of N.C.B. Crime No. 07/N.C.B/Ranchi 2017 (4/2017-18) is hereby rejected.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether bail can be granted to the accused in a commercial quantity case under Section 37(1)(b) of the NDPS Act.
2 provisions across 1 enactments
Dhananjay Ganjhu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
