Requesting bail under the NDPS Act, the petitioner argued that only one witness had been examined and he had been in custody for over a year. The Court held it could not form an opinion required for bail under Section 37(1)(ii) of the NDPS Act since the trial was in progress, and thus rejected the application.
Prayer for bail stands rejected.
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. 3609 of 2019
Pappu Kumar …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Ms. Rashmi Kumari, Advocate FOR THE STATE : APP
07/19.07.2019
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 18( C) of the NDPS Act.
Earlier on 29.11.2018 the prayer for bail of the petitioner was rejected. He renews his prayer on the ground that only one witness has been examined in this case.
Counsel for the petitioner submits that petitioner is in custody since 14.5.2018.
Learned A.P.P. opposes the prayer for bail. He filed an affidavit and submits that informant has been examined and the trial is in progress. He submits that sincere steps were being taken for speedy disposal of this case.
After going through the record, I find that this case was registered under NDPS Act. This Court cannot give a finding in terms of Section 37 (1) (ii) of the NDPS Act in this case especially when the trial is in progress. I am not inclined to allow this application. Accordingly, the prayer for bail of the petitioner above named in connection with Chauparan Police Station Case No. 102 of 2018 (NDPS No. 8 of 2018), pending in the Court of Special Judge (NDPS), Hazaribag, stands rejected.
Trial court is directed to take all possible steps so that trial can be concluded without giving unnecessary adjournment to the parties.
(ANANDA SEN , J)
anjali/ C.P 3
3 issues framed by the court
Whether the petitioner is entitled to bail in a trial stage NDPS case where only one witness has been examined.
Whether the court can form an opinion under Section 37(1)(ii) of the NDPS Act while the trial is pending.
Whether the prayer for bail should be allowed considering the objections of the State and the progress of the trial.
2 provisions across 2 enactments
Pappu Kumar
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
