Dismissed

MD Mumtaz Ansari Alias Raja v. the State of Jharkhand

Jharkhand HC10 Aug 2022A.B.A./3610/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand rejected an anticipatory bail application filed by Md. Mumtaz Ansari @ Raja. The court held that despite the applicant not being caught on the spot, the motorcycle and contraband central to the case belonged to him, and no case for bail was made.

What did the court decide?

Anticipatory bail application rejected; no relief granted to the applicant.

MD Mumtaz Ansari Alias Raja Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3610 of 2022

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Md. Mumtaz Ansari @ Raja ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-------For the Petitioner : Md. Sajid Yunus, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P.

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06/ 10.08.2022 Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This anticipatory bail application has been filed on behalf of the above-named applicant seeking anticipatory bail in connection with Katkamsandi (Pelawal) P.S. Case No. 106 of 2021, registered under Sections 414/34 of the Indian Penal Code, Section 22 (b) of NDPS Act and Section 18 (c), 27 (b) (ii) of Drugs and Cosmetics Act, pending in the court of the Sessions Judge cum Special Judge, NDPS Act, Hazaribag.

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Learned Counsel for the applicant has submitted that, as per F.I.R. allegations, informant police officer after having received secret information that one Md. Meraj, Md. Saddam and Md. Raja were to come by the motorcycle for sale and purchase of Narcotic Drugs and Psychotropic Substance. Accordingly, raid was carried out at the indicated place. Motorcycle was intercepted but all the three persons managed to flee away who were identified as Md. Meraj, Md. Saddam and Md. Mumtaz @ Raja. Both the motorcycles and recovered contraband were seized and thereafter 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. yet he has no concern with the alleged offence. He was not apprehended at the spot and no incriminating article was recovered from his possession and he has been implicated in this case with object to humiliate him on being arrested by the police.

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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 informant police officer had received secret information in regard to all the three named accused persons including the applicant who were involved in sale and purchase of Narcotic Drugs and Psychotropic Substance and were to come by the two motorcycles. All the three accused though managed to flee away yet leaving both the motorcycles at the place of occurrence and the Narcotic Drugs and Psychotropic Substance was also recovered from the motorcycles. One of the motorcycles was also belonged to the applicant. As such it cannot be accepted that the applicant has been falsely implicated in this case.

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In view of the submissions made and materials on record, no case of anticipatory bail is made. Accordingly, the same is hereby rejected.

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(Subhash Chand, J.)

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P.K.S.

MD Mumtaz Ansari Alias Raja v. the State of Jharkhand

Case brief

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MD Mumtaz Ansari Alias Raja v. the State of Jharkhand

Case brief

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