Dismissed

MD Akram Alias Pintu v. the State of Jharkhand

Jharkhand HC20 Jan 2022B.A./12178/2021

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the High Court of Jharkhand rejected the plea despite submissions that the applicant was not the owner or driver of the truck from which drugs were recovered, noting the applicant's role was identical to a co-accused whose bail was recently denied.

What did the court decide?

Bail application rejected. Applicant remains in jail custody.

MD Akram Alias Pintu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2022)

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B.A. No.12178 of 2021

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Md. Akram @ Pintu ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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-------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. A.K. Chaturvedy, Advocate Mr. Amit Kumar Choubey, Advocate For the State : Mr. Ravi Prakash, Spl. P.P. --------

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04/20.01.2022 Heard learned counsel for the applicant and learned Spl. P.P. for

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the State.

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At the request of learned counsel for the applicant the defects, as pointed out by the office are ignored.

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This bail application has been filed on behalf of the applicant– Md. Akram @ Pintu with prayer to release on bail in connection with Sadar P.S. Case No.155 of 2021 registered under Sections 120-B of the Indian Penal Code and Section 15 of the N.D.P.S. Act pending in the court of learned Sessions Judgecum-Special Judge (N.D.P.S.), Chatra.

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Learned counsel for the applicant has submitted that the police party had intercepted one Scorpio car and a truck in which the contraband (Doda) was laden and the applicant and another co-accused were in the very truck from the said truck the ‘Doda’ is alleged to be recovered. It is further submitted that the applicant is neither the owner nor the driver of the alleged truck and has no concern with the alleged recovery. The similarly situated coaccused Sukhdeo has been granted bail by a co-ordinate Bench of this Court vide order dated 08.12.2021 passed in B.A. No.12786 of 2021. The applicant has been languishing in jail since 28.06.2021.

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Learned Spl. P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant along with other co-accused Md. Mashum @ Md. Arshad was apprehended at the spot and both were in the truck from which the huge quantity of ‘Doda’ weighing to 2293 k.g. was recovered and the bail application of the said co-accused Md. Mashum @ Md. Arshad has already been rejected by this Court vide order dated 29.11.2021 passed in B.A. No.10928 of 2021 and the role of the applicant is identical to that of co-accused.

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In view of the submissions made and materials on record as well as keeping in view the Section 37 of the N.D.P.S. Act, there is no reason to disbelieve that the applicant has not committed the alleged offence. Accordingly, the bail application of the applicant is hereby

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rejected.

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(Subhash Chand, J.)

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Rohit

MD Akram Alias Pintu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Akram Alias Pintu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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