Monu Kumar Srivastava v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand rejected an anticipatory bail application filed under the NDPS Act. The judge found that the allegations, seizure, and forensic analysis established a case, whereas the applicant was falsely implicated.
What did the court decide?
Anticipatory bail application rejected. No case made out.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4669 of 2022
Monu Kumar Srivastava ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party --------
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mr. Afaque Rashidi, Advocate For the State : Mr. Ravi Prakash, A.P.P. --------
06/ 10.08.2022 Heard learned counsel for the applicant and the learned A.P.P. for the State.
This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Govindpur P.S. Case No. 81 of 2021, registered under Sections 20 (B) (ii)A, 22, 25 of the N.D.P.S. Act, pending in the court of the Special Judge, Jamshedpur.
Learned Counsel for the applicant has submitted that, as per F.I.R. allegations, the informant police officer had received secret information that one person was involved in sale of Ganja and was to come by Scooty No. JH-05-BJ-0764. Accordingly raid was conducted at the indicated place. After compliance of Section 42 of NDPS Act that Scooty was intercepted but the person managed to flee away and 216 gm Ganja was recovered from the Dicky of the Scooty and the same was seized and the F.I.R. was lodged against owner of the Scooty No. JH-05-BJ-0764.
Learned Counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. There is no independent of the seizure memo and the recovery has been planted and has been implicated in this case with object to humiliate him on being arrested by the police. The applicant is having no criminal antecedent.
Issues for consideration
1 issue framed by the court
Whether the facts establish a prima facie case for granting anticipatory bail to the applicant in the given NDPS offence.
Parties & counsel
- applicant
Monu Kumar Srivastava
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · August
- Registered
- Case no.
- A.B.A./4669/2022
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