In an anticipatory bail application under the NDPS Act, the High Court of Jharkhand rejected the plea. The bench held that the recovery of a commercial quantity of ganja from the vehicle driven by the petitioner precluded granting bail at this stage.
Bail application rejected; petitioner not enlarged on bail.
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. 435 of 2021
....
Siyaram Sahni @ Siyaram .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. A. K. Chaturvedy, Adv. For the Opposite Party : Mr. Ravi Prakash, Spl. P. P.
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
04/16.03.2021 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Nagar Untari P. S. Case No. 181 of 2020 registered under Section 20(b)(ii)(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act and is pending in the Court of learned Sessions Judge, Garhwa.
It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 04.10.2020. Investigation is already complete. No criminal antecedent has been reported against this petitioner and further owner of the said vehicle has already been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 08.03.2021 in A. B . A. No. 557 of 2021. On the above fact, prayer for bail has been made.
On the other hand, learned Spl. P. P. has opposed the prayer for bail and has submitted that huge quantity i.e. commercial quantity of ganja has been recovered from the vehicle, which was being driven by this petitioner. Counter affidavit has been filed and the same has also been sent through email.
Considering the material available on record and the fact that commercial quantity of ganja has been recovered from the vehicle, which was being driven by this petitioner, this Court is not inclined to enlarge this petitioner on bail at this stage. Accordingly, the bail application is hereby rejected.
(Rajesh Kumar, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner accused of possessing commercial quantity of ganja should be granted bail given that investigation is complete and the vehicle owner has been granted anticipatory bail.
1 provisions across 1 enactments
Siyaram Sahni @ Siyaram
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
