Petitioners, accused of poppy cultivation under the NDPS Act, sought bail. The court allowed the application, releasing them on bail bonds of Rs. 10,000 each with two sureties of equal amount each.
Petitioners released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5770 of 2018
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Shravan Kumar, Advocate FOR THE STATE : A.P.P.
03/03.10.2018
Heard learned counsel for the parties.
The petitioners are accused for allegedly committing an offence punishable
under Sections 18,20 and 22 of the NDPS Act.
There is an allegation of cultivation of poppy.
Counsel for the petitioners submits that petitioners are in custody since 4.4.2018 and there is no other similar nature of case pending against this petitioner.
Learned A.P.P. opposes the prayer for bail and submits that Section 37 of the NDPS Act will be applicable in this case and on query he submits that on secret information police had come to a conclusion that petitioners were present at Rayati land where poppy was being cultivated.
In view of the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Chatra in connection with Kunda Police Station Case No. 02 of 2017 (R.N.F. No. 98 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
3 issues framed by the court
Whether bail should be granted to petitioners accused of cultivation of poppy under the NDPS Act.
Whether Section 37 of the NDPS Act mandates denial of bail given the allegation based on secret information.
Whether the valuation of the bail bond should be adjusted despite the statutory limitation.
4 provisions across 1 enactments
Dharam Ganjhu
Jagdish Ganjhu
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
