Allowed

Pawan Ganjhu v. the State of Jharkhand

Jharkhand HC5 May 2022B.A./1292/2022

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the High Court of Jharkhand allowed the release of the petitioner on furnishing a monetary bond and sureties. The court held that despite the petitioner's name appearing in the FIR based on a co-accused's statement, no incriminating article was recovered from him, and he was not apprehended at the spot.

What did the court decide?

The bail application is allowed. The applicant shall be released on bail on furnishing a bond of Rs. 30,000 with two sureties of the like amount.

Pawan Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1292 of 2022

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Pawan Ganjhu. ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -------For the Petitioner : Mr. Binod Kumar Dubey, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. --------

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03/ 05.05.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant–Pawan Ganjhu with prayer to release on bail in connection with NDPS Case No. 55 of 2019, corresponding to Bashishth Nagar P.S. Case No. 34 of 2018, registered under Sections 15 (c) of the Narcotics Drugs & Psychotropic Substance Act, pending in the court of the Principal Sessions Judge cum Special Judge (NDPS) at Chatra.

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Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against 3 named accused including the applicant with these allegations that the informant had received secret information that native of the village Dantar had apprehended one person who was carrying Doda by motorcycle. Accordingly, informant along with police force reached there and the villager handed over the apprehended person to the police who was identified as Punit Kumar Mahto and he disclosed that he along with Pawan Ganjhu and Suresh Ganjhu were carrying Doda in one sack each and same was being taken to the house of Pawan Ganjhu. In presence of independent witness total 56 k.g. Doda in two sacks containing each sack 28 k.g. was seized. Accordingly, F.I.R. was lodged.

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Learned Counsel for the applicant has submitted that though the name of the applicant figured in the F.I.R. on the disclosure statement of the apprehended accused from whose possession total 56 k.g. Doda in two sacks containing each sack 28 k.g. was recovered. No incriminating article was recovered from possession of the applicant. The applicant was neither apprehended at the spot nor had any concern with the complicity in commission of the alleged offence and the applicant has been languishing in jail since 21.11.2021.

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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 though the applicant was not apprehended at the spot yet his name figured in the F.I.R. on the basis of confessional statement of the co-accused who was apprehended at the spot.

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In view of the submissions made and materials on record and also keeping in view Section 37 of the NDPS Act there is no reason to believe that the applicant had

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committed the alleged offence and he is likely to commit the same kind of offence if enlarged on bail.

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Accordingly, 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 concerned in aforesaid case.

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(Subhash Chand, J.)

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P.K.S.

Pawan Ganjhu v. the State of Jharkhand

Case brief

What is this about?

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Pawan Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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