The High Court of Jharkhand allowed a bail application filed by Kishor Nag in an NDPS case. The applicant, who was in custody, sought release arguing the drugs were thrown in his courtyard by co-accused persons. The court granted bail subject to a bond and sureties.
Release on bail by furnishing a bond of Rs. 30,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 12536 of 2021
Kishor Nag ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Ravi Prakash, Spl. P.P. --------
(Through Video Conferencing)
03/12.01.2022 Heard learned counsel for the applicant and learned Spl. P.P. for the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant– Kishor Nag with prayer to release on bail in connection with NDPS Case No. 40 of 2021 arising out of Khunti P.S. Case No. 83 of 2021 registered under Sections 18, 22 and 25 of the Narcotic Drugs and Psychotropic Substance Act, pending in the court of learned Special Judge, N.D.P.S., Khunti.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against six named accused persons, including the applicant and as per the F.I.R. allegations, the police party had conducted raid at the house of the applicant and found five accused persons and out of them, one managed to escape and four were apprehended at the spot and the opium in three separate bags weighing 870 gm., 980 gm. and 980 gm. in each was found from the courtyard of the applicant which was brought by the accused persons, who were apprehended at the spot, just to sell the same to the applicant Kishor Nag. The learned counsel for the applicant has further submitted that one of the accused persons, namely, Krishna Lohra, who had brought the opium to sell, has been granted bail by a co-ordinate Bench of this Court in B.A. No. 11467 of 2021 vide order dated 20.11.2021, which has been filed today by the learned counsel for the applicant. It is further submitted that the applicant was neither apprehended at the spot nor any incriminating article was recovered from his possession and the alleged recovery of the opium is shown to be thrown in the courtyard of the house of the applicant. The applicant has been languishing in jail since 29.06.2021.
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Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the total quantity of the alleged opium in three separate bags is above the commercial quantity, which was recovered from the house of Kishor Nag but admitted that the same was brought by other co-accused persons for the purpose of vending the same to the applicant.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Special Judge, N.D.P.S., Khunti in aforesaid case.
(Subhash Chand, J.)
Amar/Madhav/-
2 issues framed by the court
Whether bail should be granted to the applicant in an NDPS case where the alleged narcotics were recovered from his house but claimed to be brought by others for sale.
Whether the quantity of the alleged opium constitutes commercial quantity warranting denial of bail.
Colour shows how this judgement treated each authority
B.A. No. 11467 of 2021Referred¶7
1 provisions across 1 enactments
Kishor Nag
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
